[Rev. 11/21/2013 9:55:45 AM--2013]

CHAPTER 176A - PROBATION AND SUSPENSION OF SENTENCE

GENERAL PROVISIONS

NRS 176A.010        Definitions.

NRS 176A.020        “Board” defined.

NRS 176A.030        “Court” defined.

NRS 176A.040        “Division” defined.

NRS 176A.043        “Member of the military” defined.

NRS 176A.045        “Mental illness” defined.

NRS 176A.047        “Intellectual disability” defined.

NRS 176A.050        “Parole and probation officer” defined.

NRS 176A.060        “Residential confinement” defined.

NRS 176A.070        “Standards” defined.

NRS 176A.080        “Surety bond” defined.

NRS 176A.090        “Veteran” defined.

AUTHORITY OF THE COURT; LIMITATIONS

NRS 176A.100        Authority and discretion of court to suspend sentence and grant probation; persons eligible; factors considered; intensive supervision; submission of report of presentence investigation.

NRS 176A.110        Persons convicted of certain offenses required to be certified as not representing high risk to reoffend before court suspends sentence or grants probation; immunity.

NRS 176A.120        Persons convicted of certain offenses against elderly required to pay restitution before court suspends sentence or grants probation; exceptions.

PROCEDURE

NRS 176A.200        Investigation by Division.

NRS 176A.210        Promise to comply with conditions of probation; waiver of extradition.

NRS 176A.220        Certification of copy of records; delivery of copy to Chief Parole and Probation Officer.

ASSIGNMENT TO PROGRAM FOR TREATMENT OF MENTAL ILLNESS

NRS 176A.250        Establishment of program for treatment of mental illness or intellectual disabilities; assignment of defendant to program; progress reports.

NRS 176A.255        Transfer of jurisdiction from justice court or municipal court to district court for assignment of defendant to program.

NRS 176A.260        Conditions and limitations on assignment of defendant to program; effect of violation of terms and conditions; discharge of defendant upon fulfillment of terms and conditions; effect of discharge.

NRS 176A.265        Sealing of records after discharge.

ASSIGNMENT TO PROGRAM FOR TREATMENT OF VETERANS AND MILITARY

NRS 176A.280        Establishment of program for treatment of veterans and members of military; assignment of defendant to program; progress reports.

NRS 176A.285        Transfer of jurisdiction from justice court or municipal court to district court for assignment of defendant to program.

NRS 176A.290        Conditions and limitations on assignment of defendant to program; effect of violation of terms and conditions; discharge of defendant upon fulfillment of terms and conditions; effect of discharge. [Effective through December 31, 2013.]

NRS 176A.290        Conditions and limitations on assignment of defendant to program; effect of violation of terms and conditions; discharge of defendant upon fulfillment of terms and conditions; effect of discharge. [Effective January 1, 2014.]

NRS 176A.295        Sealing of records after discharge.

PROGRAM OF PROBATION SECURED BY SURETY BOND

NRS 176A.300        Execution and amount of surety bond.

NRS 176A.310        Conditions; duties of surety; probationer to report to and pay surety.

NRS 176A.320        Failure of surety to fulfill duties; failure of probationer to fulfill conditions of surety bond.

NRS 176A.330        Exoneration of surety and setting aside of forfeiture of surety bond.

NRS 176A.340        Procedure when surety not exonerated; enforcement of liability; remission of judgment of default.

NRS 176A.350        Discharge of surety and release of bond.

NRS 176A.360        Arrest of probationer.

NRS 176A.370        Money collected to be deposited in State General Fund.

TERMS AND CONDITIONS

NRS 176A.400        Imposition by court; alternative programs or treatment; prohibition on suspending term of imprisonment; placement under supervision of Chief Parole and Probation Officer.

NRS 176A.410        Required terms and conditions for sex offenders; powers and duties of court; exceptions.

NRS 176A.413        Restrictions relating to computers and use of Internet and other electronic means of communication; powers and duties of court; exceptions.

NRS 176A.416        Evaluations and counseling for offenses involving cruelty to animals; powers and duties of court.

NRS 176A.420        Tests to determine use of controlled substance.

NRS 176A.430        Restitution.

NRS 176A.440        Program of intensive supervision.

NRS 176A.450        Modification; procedure for modifying conditions relating to program of probation secured by surety bond; limitations.

DURATION; ARREST FOR ALLEGED VIOLATION

NRS 176A.500        Authority of court to fix duration; limitations; arrest for alleged violation; powers and duties of peace officers; deduction of days.

PROCEEDINGS AFTER ARREST

Residential Confinement Pending Inquiry or Consideration by Court

NRS 176A.530        Authority of Chief Parole and Probation Officer to order.

NRS 176A.540        Requirements; intensive supervision; use of electronic device; limitations.

NRS 176A.550        Terms and conditions; modification; notice to probationer.

NRS 176A.560        Termination; detention of probationer in jail.

 

Inquiry to Determine Probable Cause

NRS 176A.580        Inquiry required before alleged violation considered by court; qualifications of inquiring officer; time and place of inquiry; exceptions; subpoenas.

NRS 176A.590        Enforcement of subpoena issued by inquiring officer; contempt.

NRS 176A.600        Notice to probationer; rights of probationer at inquiry.

NRS 176A.610        Duties of inquiring officer; determination; detention or residential confinement of probationer upon finding probable cause.

 

Consideration by Court of Alleged Violation; Assessment of Expenses

NRS 176A.630        Assignment of case; consideration of alleged violation; revocation permitted upon finding violation; alternative actions; restitution for governmental expenses.

NRS 176A.635        Effect of violation of condition of probation, forfeiture and restoration of credits for good behavior.

NRS 176A.640        Expenses of returning arrested probationer to court are charge against State; payment.

RESIDENTIAL CONFINEMENT AFTER VIOLATION

NRS 176A.660        Authority of court to order; requirements; intensive supervision; use of electronic device; limitations.

NRS 176A.670        Terms and conditions; modification; notice.

NRS 176A.680        Authority of court to modify or rescind for subsequent violation; imposition of other punishment.

NRS 176A.690        Establishment of procedures by Division for supervision of persons in residential confinement.

RESIDENTIAL CENTERS FOR SUPERVISION OF PROBATIONERS

NRS 176A.720        Establishment.

NRS 176A.730        Assignment of probationers; limitations.

NRS 176A.740        Duties and powers of Division; management of earnings and assets of probationer; regulations.

PROGRAM OF REGIMENTAL DISCIPLINE

NRS 176A.770        Legislative declaration.

NRS 176A.780        Eligibility; procedure; completion; deduction of time from sentence.

DISCHARGE

NRS 176A.850        Honorable discharge from probation: When granted; restoration of civil rights; effect; documentation.

NRS 176A.870        Dishonorable discharge.

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GENERAL PROVISIONS

      NRS 176A.010  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 176A.020 to 176A.090, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 1967, 1434; A 1969, 181; 1975, 83; 1987, 2229; 1989, 1854, 1886, 1983; 1991, 2043; 1995, 25, 1249; 1997, 1671, 2505; 2001 Special Session, 260; 2003, 1946; 2009, 104)

      NRS 176A.020  “Board” defined.  “Board” means the State Board of Parole Commissioners.

      (Added to NRS by 1967, 1434; A 1969, 181; 1975, 83; 1987, 2229; 1989, 1854, 1886, 1983; 1991, 2043; 1995, 25, 1249; 1997, 1671, 2505)

      NRS 176A.030  “Court” defined.  “Court” means a district court of the State of Nevada.

      (Added to NRS by 1967, 1434; A 1969, 181; 1975, 83; 1987, 2229; 1989, 1854, 1886, 1983; 1991, 2043; 1995, 25, 1249; 1997, 1671, 2505)

      NRS 176A.040  “Division” defined.  “Division” means the Division of Parole and Probation of the Department of Public Safety.

      (Added to NRS by 1993, 1512; A 2001, 2570)

      NRS 176A.043  “Member of the military” defined.  “Member of the military” means a person who is presently serving in the Armed Forces of the United States, a reserve component thereof or the National Guard.

      (Added to NRS by 2009, 103)

      NRS 176A.045  “Mental illness” defined.  “Mental illness” has the meaning ascribed to it in NRS 433.164.

      (Added to NRS by 2001 Special Session, 258; A 2003, 1946)

      NRS 176A.047  “Intellectual disability” defined.  “Intellectual disability” has the meaning ascribed to it in NRS 433.099.

      (Added to NRS by 2003, 1945; A 2013, 686)

      NRS 176A.050  “Parole and probation officer” defined.  “Parole and probation officer” means the Chief Parole and Probation Officer or an assistant parole and probation officer appointed in accordance with the provisions of chapter 213 of NRS.

      (Added to NRS by 1967, 1434; A 1969, 181; 1975, 83; 1987, 2229; 1989, 1854, 1886, 1983; 1991, 2043; 1995, 25, 1249; 1997, 1671, 2505)

      NRS 176A.060  “Residential confinement” defined.  “Residential confinement” means the confinement of a person convicted of a crime to the person’s place of residence under the terms and conditions established by the sentencing court.

      (Added to NRS by 1967, 1434; A 1969, 181; 1975, 83; 1987, 2229; 1989, 1854, 1886, 1983; 1991, 2043; 1995, 25, 1249; 1997, 1671, 2505)

      NRS 176A.070  “Standards” defined.  “Standards” means the objective standards for granting or revoking parole or probation which are adopted by the Board or Chief Parole and Probation Officer.

      (Added to NRS by 1967, 1434; A 1969, 181; 1975, 83; 1987, 2229; 1989, 1854, 1886, 1983; 1991, 2043; 1995, 25, 1249; 1997, 1671, 2505)

      NRS 176A.080  “Surety bond” defined.  “Surety bond” means a written undertaking, executed by a surety, that a person will, as a result of the bond, participate in a program of probation and that in the event that the person violates a condition of the program of probation, the surety will pay the court the amount of money specified for the bond.

      (Added to NRS by 1967, 1434; A 1969, 181; 1975, 83; 1987, 2229; 1989, 1854, 1886, 1983; 1991, 2043; 1995, 25, 1249; 1997, 1671, 2505)

      NRS 176A.090  “Veteran” defined.  “Veteran” means a person who has served in the Armed Forces of the United States, a reserve component thereof or the National Guard and has been discharged or released therefrom.

      (Added to NRS by 2009, 103)

AUTHORITY OF THE COURT; LIMITATIONS

      NRS 176A.100  Authority and discretion of court to suspend sentence and grant probation; persons eligible; factors considered; intensive supervision; submission of report of presentence investigation.

      1.  Except as otherwise provided in this section and NRS 176A.110 and 176A.120, if a person is found guilty in a district court upon verdict or plea of:

      (a) Murder of the first or second degree, kidnapping in the first degree, sexual assault, attempted sexual assault of a child who is less than 16 years of age, lewdness with a child pursuant to NRS 201.230, an offense for which the suspension of sentence or the granting of probation is expressly forbidden, or if the person is found to be a habitual criminal pursuant to NRS 207.010, a habitually fraudulent felon pursuant to NRS 207.014 or a habitual felon pursuant to NRS 207.012, the court shall not suspend the execution of the sentence imposed or grant probation to the person.

      (b) A category E felony, except as otherwise provided in this paragraph, the court shall suspend the execution of the sentence imposed and grant probation to the person. The court may, as it deems advisable, decide not to suspend the execution of the sentence imposed and grant probation to the person if, at the time of sentencing, it is established that the person:

             (1) Was serving a term of probation or was on parole at the time the crime was committed, whether in this State or elsewhere, for a felony conviction;

             (2) Had previously had the person’s probation or parole revoked, whether in this State or elsewhere, for a felony conviction;

             (3) Had previously been assigned to a program of treatment and rehabilitation pursuant to NRS 453.580 and failed to successfully complete that program; or

             (4) Had previously been two times convicted, whether in this State or elsewhere, of a crime that under the laws of the situs of the crime or of this State would amount to a felony.

Ę If the person denies the existence of a previous conviction, the court shall determine the issue of the previous conviction after hearing all relevant evidence presented on the issue by the prosecution and the person. At such a hearing, the person may not challenge the validity of a previous conviction. For the purposes of this paragraph, a certified copy of a felony conviction is prima facie evidence of conviction of a prior felony.

      (c) Another felony, a gross misdemeanor or a misdemeanor, the court may suspend the execution of the sentence imposed and grant probation as the court deems advisable.

      2.  In determining whether to grant probation to a person, the court shall not consider whether the person has the financial ability to participate in a program of probation secured by a surety bond established pursuant to NRS 176A.300 to 176A.370, inclusive.

      3.  The court shall consider the standards adopted pursuant to NRS 213.10988 and the recommendation of the Chief Parole and Probation Officer, if any, in determining whether to grant probation to a person.

      4.  If the court determines that a person is otherwise eligible for probation but requires more supervision than would normally be provided to a person granted probation, the court may, in lieu of sentencing the person to a term of imprisonment, grant probation pursuant to the Program of Intensive Supervision established pursuant to NRS 176A.440.

      5.  Except as otherwise provided in this subsection, if a person is convicted of a felony and the Division is required to make a presentence investigation and report to the court pursuant to NRS 176.135, the court shall not grant probation to the person until the court receives the report of the presentence investigation from the Chief Parole and Probation Officer. The Chief Parole and Probation Officer shall submit the report of the presentence investigation to the court not later than 45 days after receiving a request for a presentence investigation from the county clerk. If the report of the presentence investigation is not submitted by the Chief Parole and Probation Officer within 45 days, the court may grant probation without the report.

      6.  If the court determines that a person is otherwise eligible for probation, the court shall, when determining the conditions of that probation, consider the imposition of such conditions as would facilitate timely payments by the person of an obligation, if any, for the support of a child and the payment of any such obligation which is in arrears.

      (Added to NRS by 1967, 1434; A 1973, 68, 1802; 1975, 84; 1977, 289, 658, 1631; 1979, 1460; 1981, 369; 1989, 1887; 1991, 71, 1002, 2044, 2045, 2046; 1993, 9; 1995, 224, 857, 1249, 1328, 2388, 2389; 1997, 519, 1187, 2505, 2509; 1999, 565, 1192; 2003, 846, 2827)

      NRS 176A.110  Persons convicted of certain offenses required to be certified as not representing high risk to reoffend before court suspends sentence or grants probation; immunity.

      1.  The court shall not grant probation to or suspend the sentence of a person convicted of an offense listed in subsection 3 unless:

      (a) If a psychosexual evaluation of the person is required pursuant to NRS 176.139, the person who conducts the psychosexual evaluation certifies in the report prepared pursuant to NRS 176.139 that the person convicted of the offense does not represent a high risk to reoffend based upon a currently accepted standard of assessment; or

      (b) If a psychosexual evaluation of the person is not required pursuant to NRS 176.139, a psychologist licensed to practice in this State who is trained to conduct psychosexual evaluations or a psychiatrist licensed to practice medicine in this State who is certified by the American Board of Psychiatry and Neurology, Inc., and is trained to conduct psychosexual evaluations certifies in a written report to the court that the person convicted of the offense does not represent a high risk to reoffend based upon a currently accepted standard of assessment.

      2.  This section does not create a right in any person to be certified or to continue to be certified. No person may bring a cause of action against the State, its political subdivisions, or the agencies, boards, commissions, departments, officers or employees of the State or its political subdivisions for not certifying a person pursuant to this section or for refusing to consider a person for certification pursuant to this section.

      3.  The provisions of this section apply to a person convicted of any of the following offenses:

      (a) Attempted sexual assault of a person who is 16 years of age or older pursuant to NRS 200.366.

      (b) Statutory sexual seduction pursuant to NRS 200.368.

      (c) Battery with intent to commit sexual assault pursuant to NRS 200.400.

      (d) Abuse or neglect of a child pursuant to NRS 200.508.

      (e) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive.

      (f) Incest pursuant to NRS 201.180.

      (g) Open or gross lewdness pursuant to NRS 201.210.

      (h) Indecent or obscene exposure pursuant to NRS 201.220.

      (i) Sexual penetration of a dead human body pursuant to NRS 201.450.

      (j) Luring a child or a person with mental illness pursuant to NRS 201.560, if punished as a felony.

      (k) A violation of NRS 207.180.

      (l) An attempt to commit an offense listed in paragraphs (b) to (k), inclusive.

      (m) Coercion or attempted coercion that is determined to be sexually motivated pursuant to NRS 207.193.

      (Added to NRS by 1997, 2504; A 2001, 1638, 2792; 2003, 67, 1382, 2828; 2013, 1162)

      NRS 176A.120  Persons convicted of certain offenses against elderly required to pay restitution before court suspends sentence or grants probation; exceptions.

      1.  Except as otherwise provided in subsection 2, the court shall not grant probation to a person whose conduct during the commission of the crime for which the person was convicted satisfies the requirements for imposing an additional term of imprisonment pursuant to paragraph (h) or (i) of subsection 1 of NRS 193.167 or subsection 2 of NRS 193.167, until the convicted person has paid to the victim of the offense at least 80 percent of the amount of restitution set by the court pursuant to NRS 176.033.

      2.  The court shall not deny probation to a person as provided in subsection 1 unless the court determines that the person has willfully failed to make restitution to the victim of the crime and the person has the ability to make restitution.

      (Added to NRS by 1997, 1031; A 1999, 43)

PROCEDURE

      NRS 176A.200  Investigation by Division.  The Division shall inquire into the circumstances of the offense, criminal record, social history and present condition of the defendant. Such an investigation may include a physical and mental examination of the defendant. The expense of any such examination must be paid by the county in which the indictment was found or the information filed.

      (Added to NRS by 1967, 1435; A 1997, 130; 2005, 81)

      NRS 176A.210  Promise to comply with conditions of probation; waiver of extradition.  Upon entry of an order of probation by the court, a person:

      1.  Shall be deemed accepted for probation for all purposes; and

      2.  Shall submit to the Division for filing with the clerk of the court of competent jurisdiction a signed document stating that:

      (a) The person will comply with the conditions which have been imposed by the court and are stated in the document; and

      (b) If the person fails to comply with the conditions imposed by the court and is taken into custody outside of this State, the person waives all rights relating to extradition proceedings.

      (Added to NRS by 1995, 25; A 2005, 81)

      NRS 176A.220  Certification of copy of records; delivery of copy to Chief Parole and Probation Officer.  The court shall, upon the entering of an order of probation or suspension of sentence, as provided for in this chapter, direct the clerk of the court to certify a copy of the records in the case and deliver the copy to the Chief Parole and Probation Officer.

      (Added to NRS by 1991, 2043; A 1995, 26, 1250)

ASSIGNMENT TO PROGRAM FOR TREATMENT OF MENTAL ILLNESS

      NRS 176A.250  Establishment of program for treatment of mental illness or intellectual disabilities; assignment of defendant to program; progress reports.  A court may establish an appropriate program for the treatment of mental illness or intellectual disabilities to which it may assign a defendant pursuant to NRS 176A.260. The assignment must include the terms and conditions for successful completion of the program and provide for progress reports at intervals set by the court to ensure that the defendant is making satisfactory progress towards completion of the program.

      (Added to NRS by 2001 Special Session, 259; A 2003, 1946; 2013, 686)

      NRS 176A.255  Transfer of jurisdiction from justice court or municipal court to district court for assignment of defendant to program.

      1.  A justice court or a municipal court may, upon approval of the district court, transfer original jurisdiction to the district court of a case involving an eligible defendant.

      2.  As used in this section, “eligible defendant” means a person who:

      (a) Has not tendered a plea of guilty, guilty but mentally ill or nolo contendere to, or been found guilty or guilty but mentally ill of, an offense that is a misdemeanor;

      (b) Appears to suffer from mental illness or to be intellectually disabled; and

      (c) Would benefit from assignment to a program established pursuant to NRS 176A.250.

      (Added to NRS by 2001 Special Session, 259; A 2003, 1467, 1946; 2007, 1422; 2013, 686)

      NRS 176A.260  Conditions and limitations on assignment of defendant to program; effect of violation of terms and conditions; discharge of defendant upon fulfillment of terms and conditions; effect of discharge.

      1.  Except as otherwise provided in subsection 2, if a defendant who suffers from mental illness or is intellectually disabled tenders a plea of guilty, guilty but mentally ill or nolo contendere to, or is found guilty or guilty but mentally ill of, any offense for which the suspension of sentence or the granting of probation is not prohibited by statute, the court may, without entering a judgment of conviction and with the consent of the defendant, suspend further proceedings and place the defendant on probation upon terms and conditions that must include attendance and successful completion of a program established pursuant to NRS 176A.250.

      2.  If the offense committed by the defendant involved the use or threatened use of force or violence or if the defendant was previously convicted in this State or in any other jurisdiction of a felony that involved the use or threatened use of force or violence, the court may not assign the defendant to the program unless the prosecuting attorney stipulates to the assignment.

      3.  Upon violation of a term or condition:

      (a) The court may enter a judgment of conviction and proceed as provided in the section pursuant to which the defendant was charged.

      (b) Notwithstanding the provisions of paragraph (e) of subsection 2 of NRS 193.130, the court may order the defendant to the custody of the Department of Corrections if the offense is punishable by imprisonment in the state prison.

      4.  Upon fulfillment of the terms and conditions, the court shall discharge the defendant and dismiss the proceedings. Discharge and dismissal pursuant to this section is without adjudication of guilt and is not a conviction for purposes of this section or for purposes of employment, civil rights or any statute or regulation or license or questionnaire or for any other public or private purpose, but is a conviction for the purpose of additional penalties imposed for second or subsequent convictions or the setting of bail. Discharge and dismissal restores the defendant, in the contemplation of the law, to the status occupied before the arrest, indictment or information. The defendant may not be held thereafter under any law to be guilty of perjury or otherwise giving a false statement by reason of failure to recite or acknowledge that arrest, indictment, information or trial in response to an inquiry made of the defendant for any purpose.

      (Added to NRS by 2001 Special Session, 259; A 2003, 1467, 1946; 2007, 1422; 2013, 687)

      NRS 176A.265  Sealing of records after discharge.

      1.  After a defendant is discharged from probation pursuant to NRS 176A.260, the court shall order sealed all documents, papers and exhibits in the defendant’s record, minute book entries and entries on dockets, and other documents relating to the case in the custody of such other agencies and officers as are named in the court’s order if the defendant fulfills the terms and conditions imposed by the court and the Division. The court shall order those records sealed without a hearing unless the Division petitions the court, for good cause shown, not to seal the records and requests a hearing thereon.

      2.  If the court orders sealed the record of a defendant discharged pursuant to NRS 176A.260, the court shall send a copy of the order to each agency or officer named in the order. Each such agency or officer shall notify the court in writing of its compliance with the order.

      (Added to NRS by 2001 Special Session, 260; A 2009, 417)

ASSIGNMENT TO PROGRAM FOR TREATMENT OF VETERANS AND MILITARY

      NRS 176A.280  Establishment of program for treatment of veterans and members of military; assignment of defendant to program; progress reports.  A court may establish an appropriate program for the treatment of veterans and members of the military to which it may assign a defendant pursuant to NRS 176A.290. The assignment must include the terms and conditions for successful completion of the program and provide for progress reports at intervals set by the court to ensure that the defendant is making satisfactory progress towards completion of the program.

      (Added to NRS by 2009, 103)

      NRS 176A.285  Transfer of jurisdiction from justice court or municipal court to district court for assignment of defendant to program.

      1.  A justice court or a municipal court may, upon approval of the district court, transfer original jurisdiction to the district court of a case involving an eligible defendant.

      2.  As used in this section, “eligible defendant” means a veteran or a member of the military who:

      (a) Has not tendered a plea of guilty, guilty but mentally ill or nolo contendere to, or been found guilty or guilty but mentally ill of, an offense that is a misdemeanor;

      (b) Appears to suffer from mental illness, alcohol or drug abuse or posttraumatic stress disorder, any of which appear to be related to military service, including, without limitation, any readjustment to civilian life which is necessary after combat service; and

      (c) Would benefit from assignment to a program established pursuant to NRS 176A.280.

      (Added to NRS by 2009, 103)

      NRS 176A.290  Conditions and limitations on assignment of defendant to program; effect of violation of terms and conditions; discharge of defendant upon fulfillment of terms and conditions; effect of discharge. [Effective through December 31, 2013.]

      1.  Except as otherwise provided in subsection 2, if a defendant who is a veteran or a member of the military and who suffers from mental illness, alcohol or drug abuse or posttraumatic stress disorder as described in NRS 176A.285 tenders a plea of guilty, guilty but mentally ill or nolo contendere to, or is found guilty or guilty but mentally ill of, any offense for which the suspension of sentence or the granting of probation is not prohibited by statute, the court may, without entering a judgment of conviction and with the consent of the defendant, suspend further proceedings and place the defendant on probation upon terms and conditions that must include attendance and successful completion of a program established pursuant to NRS 176A.280.

      2.  If the offense committed by the defendant involved the use or threatened use of force or violence or if the defendant was previously convicted in this State or in any other jurisdiction of a felony that involved the use or threatened use of force or violence, the court may not assign the defendant to the program unless the prosecuting attorney stipulates to the assignment.

      3.  Upon violation of a term or condition:

      (a) The court may enter a judgment of conviction and proceed as provided in the section pursuant to which the defendant was charged.

      (b) Notwithstanding the provisions of paragraph (e) of subsection 2 of NRS 193.130, the court may order the defendant to the custody of the Department of Corrections if the offense is punishable by imprisonment in the state prison.

      4.  Upon fulfillment of the terms and conditions, the court shall discharge the defendant and dismiss the proceedings. Discharge and dismissal pursuant to this section is without adjudication of guilt and is not a conviction for purposes of this section or for purposes of employment, civil rights or any statute or regulation or license or questionnaire or for any other public or private purpose, but is a conviction for the purpose of additional penalties imposed for second or subsequent convictions or the setting of bail. Discharge and dismissal restores the defendant, in the contemplation of the law, to the status occupied before the arrest, indictment or information. The defendant may not be held thereafter under any law to be guilty of perjury or otherwise giving a false statement by reason of failure to recite or acknowledge that arrest, indictment, information or trial in response to an inquiry made of the defendant for any purpose.

      (Added to NRS by 2009, 103)

      NRS 176A.290  Conditions and limitations on assignment of defendant to program; effect of violation of terms and conditions; discharge of defendant upon fulfillment of terms and conditions; effect of discharge. [Effective January 1, 2014.]

      1.  Except as otherwise provided in subsection 2, if a defendant who is a veteran or a member of the military and who suffers from mental illness, alcohol or drug abuse or posttraumatic stress disorder as described in NRS 176A.285 tenders a plea of guilty, guilty but mentally ill or nolo contendere to, or is found guilty or guilty but mentally ill of, any offense for which the suspension of sentence or the granting of probation is not prohibited by statute, the court may, without entering a judgment of conviction and with the consent of the defendant, suspend further proceedings and place the defendant on probation upon terms and conditions that must include attendance and successful completion of a program established pursuant to NRS 176A.280.

      2.  If the offense committed by the defendant involved the use or threatened use of force or violence or if the defendant was previously convicted in this State or in any other jurisdiction of a felony that involved the use or threatened use of force or violence, the court may not assign the defendant to the program unless the prosecuting attorney stipulates to the assignment. For the purposes of this subsection, in determining whether an offense involved the use or threatened use of force or violence, the court shall consider the facts and circumstances surrounding the offense, including, without limitation, whether the defendant intended to place another person in reasonable apprehension of bodily harm.

      3.  Upon violation of a term or condition:

      (a) The court may enter a judgment of conviction and proceed as provided in the section pursuant to which the defendant was charged.

      (b) Notwithstanding the provisions of paragraph (e) of subsection 2 of NRS 193.130, the court may order the defendant to the custody of the Department of Corrections if the offense is punishable by imprisonment in the state prison.

      4.  Upon fulfillment of the terms and conditions, the court shall discharge the defendant and dismiss the proceedings. Discharge and dismissal pursuant to this section is without adjudication of guilt and is not a conviction for purposes of this section or for purposes of employment, civil rights or any statute or regulation or license or questionnaire or for any other public or private purpose, but is a conviction for the purpose of additional penalties imposed for second or subsequent convictions or the setting of bail. Discharge and dismissal restores the defendant, in the contemplation of the law, to the status occupied before the arrest, indictment or information. The defendant may not be held thereafter under any law to be guilty of perjury or otherwise giving a false statement by reason of failure to recite or acknowledge that arrest, indictment, information or trial in response to an inquiry made of the defendant for any purpose.

      (Added to NRS by 2009, 103; A 2013, 2093, effective January 1, 2014)

      NRS 176A.295  Sealing of records after discharge.

      1.  After a defendant is discharged from probation pursuant to NRS 176A.290, the court shall order sealed all documents, papers and exhibits in the defendant’s record, minute book entries and entries on dockets, and other documents relating to the case in the custody of such other agencies and officers as are named in the court’s order if the defendant fulfills the terms and conditions imposed by the court and the Division. The court shall order those records sealed without a hearing unless the Division petitions the court, for good cause shown, not to seal the records and requests a hearing thereon.

      2.  If the court orders sealed the record of a defendant discharged pursuant to NRS 176A.290, the court shall send a copy of the order to each agency or officer named in the order. Each such agency or officer shall notify the court in writing of its compliance with the order.

      (Added to NRS by 2009, 104)

PROGRAM OF PROBATION SECURED BY SURETY BOND

      NRS 176A.300  Execution and amount of surety bond.

      1.  Whenever a person other than an indigent person has been found guilty of a category C, D or E felony upon verdict or plea, and the court has determined that the person is eligible for probation pursuant to NRS 176A.100, the court may order the person to participate in a program of probation secured by a surety bond if the court first determines that the person has the financial ability to post such a surety bond.

      2.  If the court orders the person to participate in a program of probation secured by a surety bond, the person shall execute a bond for the participation. The court shall require one or more sureties for the bond.

      3.  The court shall set the surety bond in an amount which, in the judgment of the court, will reasonably ensure the participation of the person in the program of probation.

      4.  A surety bond securing participation in a program of probation must:

      (a) Be issued in favor of and payable to the State of Nevada;

      (b) Extend for a period of 1 year;

      (c) Be renewable annually; and

      (d) Ensure the full compliance of the person in the program of probation with all the conditions of probation set by the court.

      (Added to NRS by 1995, 1245)

      NRS 176A.310  Conditions; duties of surety; probationer to report to and pay surety.

      1.  The court shall set the conditions of a program of probation secured by a surety bond. The conditions must be appended to and made part of the bond. The conditions may include, but are not limited to, any one or more of the following:

      (a) Submission to periodic tests to determine whether the probationer is using any controlled substance or alcohol.

      (b) Participation in a program for the treatment of the abuse of a controlled substance or alcohol or a program for the treatment of any other impairment.

      (c) Participation in a program of professional counseling, including, but not limited to, counseling for the family of the probationer.

      (d) Restrictions or a prohibition on contact or communication with witnesses or victims of the crime committed by the probationer.

      (e) A requirement to obtain and keep employment.

      (f) Submission to a Program of Intensive Supervision.

      (g) Restrictions on travel by the probationer outside the jurisdiction of the court.

      (h) Payment of restitution.

      (i) Payment of fines and court costs.

      (j) Supervised community service.

      (k) Participation in educational courses.

      2.  A surety shall:

      (a) Provide the facilities or equipment necessary to:

             (1) Perform tests to determine whether the probationer is using any controlled substance or alcohol, if the court requires such tests as a condition of probation;

             (2) Carry out a Program of Intensive Supervision, if the court requires such a Program as a condition of probation; and

             (3) Enable the probationer to report regularly to the surety.

      (b) Notify the court within 24 hours after the surety has knowledge of a violation of or a failure to fulfill a condition of the program of probation.

      3.  A probationer participating in a program of probation secured by a surety bond shall:

      (a) Report regularly to the surety; and

      (b) Pay the fee charged by the surety for the execution of the bond.

      (Added to NRS by 1995, 1245; A 2001 Special Session, 133)

      NRS 176A.320  Failure of surety to fulfill duties; failure of probationer to fulfill conditions of surety bond.

      1.  If a surety fails to:

      (a) Provide the facilities or equipment required by paragraph (a) of subsection 2 of NRS 176A.310; or

      (b) Notify the court pursuant to paragraph (b) of subsection 2 of NRS 176A.310 of a violation of or a failure to fulfill a condition of a program of probation by a probationer,

Ę the surety shall pay a penalty of $15,000 to the court in addition to any other penalty imposed by law.

      2.  If the probationer violates or fails to fulfill a condition of the surety bond, the court shall:

      (a) Declare a forfeiture of the surety bond;

      (b) Direct that the surety be given notice by certified mail that the probationer has violated or failed to fulfill a condition of probation and shall execute an affidavit of such mailing to be kept as an official public record of the court;

      (c) Revoke the program of probation; and

      (d) Issue a warrant for violating or failing to fulfill a condition of probation and cause the defendant to be arrested.

      (Added to NRS by 1995, 1246)

      NRS 176A.330  Exoneration of surety and setting aside of forfeiture of surety bond.  The court may exonerate the surety or set aside a forfeiture of the surety bond upon such terms as may be just if:

      1.  The probationer appears before the court and the court, upon hearing the matter, determines that the violation or failure of the probationer to fulfill the condition of probation was:

      (a) Caused by circumstances beyond the probationer’s control and occurred notwithstanding the exercise of ordinary care and in the absence of willful neglect; and

      (b) Not in any way caused or aided by the surety; or

      2.  The surety submits an application for exoneration or an application to set the forfeiture aside on the ground that the probationer is unable to appear because the probationer:

      (a) Is dead;

      (b) Is ill;

      (c) Is insane; or

      (d) Is being detained by civil or military authorities,

Ę and the court, upon hearing the matter, determines that the requirements of paragraphs (a) and (b) of subsection 1 have been met and that the surety did not in any way cause or aid the absence of the probationer from the hearing.

      (Added to NRS by 1995, 1247)

      NRS 176A.340  Procedure when surety not exonerated; enforcement of liability; remission of judgment of default.

      1.  If the surety is not exonerated and the forfeiture of the surety bond is not set aside:

      (a) The court shall enter a judgment of default and execution may issue thereon; and

      (b) The surety shall pay a penalty for the revocation of the program of probation to the court in an amount equal to one-half of the annual fee for the bond that the surety charged the probationer.

      2.  By entering into a bond the surety submits to the jurisdiction of the court and irrevocably appoints the clerk of the court as its agent upon whom any papers affecting its liability may be served. The liability may be enforced on motion and such notice of the motion as the court prescribes may be served on the clerk of the court, who shall mail copies to the surety to its last known address.

      3.  After entry of a judgment of default, the court shall not remit it in whole or in part unless the conditions applying to exonerating the surety and setting aside the forfeiture of the surety bond set forth in NRS 176A.330 are met.

      (Added to NRS by 1995, 1247)

      NRS 176A.350  Discharge of surety and release of bond.  When the conditions of a surety bond securing participation in a program of probation have been satisfied or a forfeiture of a bond has been set aside or remitted, the court shall discharge the surety and release the bond.

      (Added to NRS by 1995, 1247)

      NRS 176A.360  Arrest of probationer.  For the purpose of surrendering a probationer, a surety, at any time before it is finally discharged, and at any place within the State, may, by a written authority endorsed on a certified copy of the undertaking, cause the probationer to be arrested by a bail agent or bail enforcement agent who is licensed pursuant to chapter 697 of NRS.

      (Added to NRS by 1995, 1247; A 1997, 3393)

      NRS 176A.370  Money collected to be deposited in State General Fund.  Money collected pursuant to NRS 176A.300 to 176A.370, inclusive, must be paid to the State Treasurer for deposit in the State General Fund.

      (Added to NRS by 1995, 1247)

TERMS AND CONDITIONS

      NRS 176A.400  Imposition by court; alternative programs or treatment; prohibition on suspending term of imprisonment; placement under supervision of Chief Parole and Probation Officer.

      1.  In issuing an order granting probation, the court may fix the terms and conditions thereof, including, without limitation:

      (a) A requirement for restitution;

      (b) An order that the probationer dispose of all the weapons the probationer possesses; or

      (c) Any reasonable conditions to protect the health, safety or welfare of the community or to ensure that the probationer will appear at all times and places ordered by the court, including, without limitation:

             (1) Requiring the probationer to remain in this State or a certain county within this State;

             (2) Prohibiting the probationer from contacting or attempting to contact a specific person or from causing or attempting to cause another person to contact that person on the probationer’s behalf;

             (3) Prohibiting the probationer from entering a certain geographic area; or

             (4) Prohibiting the probationer from engaging in specific conduct that may be harmful to the probationer’s own health, safety or welfare, or the health, safety or welfare of another person.

      2.  In issuing an order granting probation to a person who is found guilty of a category C, D or E felony, the court may require the person as a condition of probation to participate in and complete to the satisfaction of the court any alternative program, treatment or activity deemed appropriate by the court.

      3.  The court shall not suspend the execution of a sentence of imprisonment after the defendant has begun to serve it.

      4.  In placing any defendant on probation or in granting a defendant a suspended sentence, the court shall direct that the defendant be placed under the supervision of the Chief Parole and Probation Officer.

      (Added to NRS by 1991, 2043; A 1995, 1250; 1997, 3357)

      NRS 176A.410  Required terms and conditions for sex offenders; powers and duties of court; exceptions.

      1.  Except as otherwise provided in subsection 6, if a defendant is convicted of a sexual offense and the court grants probation or suspends the sentence, the court shall, in addition to any other condition ordered pursuant to NRS 176A.400, order as a condition of probation or suspension of sentence that the defendant:

      (a) Submit to a search and seizure of the defendant’s person, residence or vehicle or any property under the defendant’s control, at any time of the day or night, without a warrant, by any parole and probation officer or any peace officer, for the purpose of determining whether the defendant has violated any condition of probation or suspension of sentence or committed any crime.

      (b) Reside at a location only if:

             (1) The residence has been approved by the parole and probation officer assigned to the defendant.

             (2) If the residence is a facility that houses more than three persons who have been released from prison, the facility is a facility for transitional living for released offenders that is licensed pursuant to chapter 449 of NRS.

             (3) The defendant keeps the parole and probation officer assigned to the defendant informed of the defendant’s current address.

      (c) Accept a position of employment or a position as a volunteer only if it has been approved by the parole and probation officer assigned to the defendant and keep the parole and probation officer informed of the location of the defendant’s position of employment or position as a volunteer.

      (d) Abide by any curfew imposed by the parole and probation officer assigned to the defendant.

      (e) Participate in and complete a program of professional counseling approved by the Division.

      (f) Submit to periodic tests, as requested by the parole and probation officer assigned to the defendant, to determine whether the defendant is using a controlled substance.

      (g) Submit to periodic polygraph examinations, as requested by the parole and probation officer assigned to the defendant.

      (h) Abstain from consuming, possessing or having under the defendant’s control any alcohol.

      (i) Not have contact or communicate with a victim of the sexual offense or a witness who testified against the defendant or solicit another person to engage in such contact or communication on behalf of the defendant, unless approved by the Chief Parole and Probation Officer or the Chief Parole and Probation Officer’s designee and a written agreement is entered into and signed in the manner set forth in subsection 5.

      (j) Not use aliases or fictitious names.

      (k) Not obtain a post office box unless the defendant receives permission from the parole and probation officer assigned to the defendant.

      (l) Not have contact with a person less than 18 years of age in a secluded environment unless another adult who has never been convicted of a sexual offense is present and permission has been obtained from the parole and probation officer assigned to the defendant in advance of each such contact.

      (m) Unless approved by the parole and probation officer assigned to the defendant and by a psychiatrist, psychologist or counselor treating the defendant, if any, not knowingly be within 500 feet of any place, or if the place is a structure, within 500 feet of the actual structure, that is designed primarily for use by or for children, including, without limitation, a public or private school, a school bus stop, a center or facility that provides day care services, a video arcade, an amusement park, a playground, a park, an athletic field or a facility for youth sports, or a motion picture theater. The provisions of this paragraph apply only to a defendant who is a Tier III offender.

      (n) Comply with any protocol concerning the use of prescription medication prescribed by a treating physician, including, without limitation, any protocol concerning the use of psychotropic medication.

      (o) Not possess any sexually explicit material that is deemed inappropriate by the parole and probation officer assigned to the defendant.

      (p) Not patronize a business which offers a sexually related form of entertainment and which is deemed inappropriate by the parole and probation officer assigned to the defendant.

      (q) Not possess any electronic device capable of accessing the Internet and not access the Internet through any such device or any other means, unless possession of such a device or such access is approved by the parole and probation officer assigned to the defendant.

      (r) Inform the parole and probation officer assigned to the defendant if the defendant expects to be or becomes enrolled as a student at an institution of higher education or changes the date of commencement or termination of the defendant’s enrollment at an institution of higher education. As used in this paragraph, “institution of higher education” has the meaning ascribed to it in NRS 179D.045.

      2.  Except as otherwise provided in subsection 6, if a defendant is convicted of an offense listed in subsection 6 of NRS 213.1255 against a child under the age of 14 years, the defendant is a Tier III offender and the court grants probation or suspends the sentence of the defendant, the court shall, in addition to any other condition ordered pursuant to subsection 1, order as a condition of probation or suspension of sentence that the defendant:

      (a) Reside at a location only if the residence is not located within 1,000 feet of any place, or if the place is a structure, within 1,000 feet of the actual structure, that is designed primarily for use by or for children, including, without limitation, a public or private school, a school bus stop, a center or facility that provides day care services, a video arcade, an amusement park, a playground, a park, an athletic field or a facility for youth sports, or a motion picture theater.

      (b) As deemed appropriate by the Chief Parole and Probation Officer, be placed under a system of active electronic monitoring that is capable of identifying the defendant’s location and producing, upon request, reports or records of the defendant’s presence near or within a crime scene or prohibited area or the defendant’s departure from a specified geographic location.

      (c) Pay any costs associated with the defendant’s participation under the system of active electronic monitoring, to the extent of the defendant’s ability to pay.

      3.  A defendant placed under the system of active electronic monitoring pursuant to subsection 2 shall:

      (a) Follow the instructions provided by the Division to maintain the electronic monitoring device in working order.

      (b) Report any incidental damage or defacement of the electronic monitoring device to the Division within 2 hours after the occurrence of the damage or defacement.

      (c) Abide by any other conditions set forth by the Division with regard to the defendant’s participation under the system of active electronic monitoring.

      4.  Except as otherwise provided in this subsection, a person who intentionally removes or disables or attempts to remove or disable an electronic monitoring device placed on a defendant pursuant to this section is guilty of a gross misdemeanor. The provisions of this subsection do not prohibit a person authorized by the Division from performing maintenance or repairs to an electronic monitoring device.

      5.  A written agreement entered into pursuant to paragraph (i) of subsection 1 must state that the contact or communication is in the best interest of the victim or witness, and specify the type of contact or communication authorized. The written agreement must be signed and agreed to by:

      (a) The victim or the witness;

      (b) The defendant;

      (c) The parole and probation officer assigned to the defendant;

      (d) The psychiatrist, psychologist or counselor treating the defendant, victim or witness, if any;

      (e) If the victim or witness is a child under 18 years of age, each parent, guardian or custodian of the child; and

      (f) The Chief Parole and Probation Officer or the Chief Parole and Probation Officer’s designee.

      6.  The court is not required to impose a condition of probation or suspension of sentence listed in subsections 1 and 2 if the court finds that extraordinary circumstances are present and the court enters those extraordinary circumstances in the record.

      7.  As used in this section, “sexual offense” has the meaning ascribed to it in NRS 179D.097.

      (Added to NRS by 1997, 1667; A 2001, 2051; 2003, 566; 2005, 2862; 2007, 1916, 2749, 3246; 2009, 1293)

      NRS 176A.413  Restrictions relating to computers and use of Internet and other electronic means of communication; powers and duties of court; exceptions.

      1.  Except as otherwise provided in subsection 2, if a defendant is convicted of stalking with the use of an Internet or network site, electronic mail, text messaging or any other similar means of communication pursuant to subsection 3 of NRS 200.575, an offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive, or luring a child or a person with mental illness through the use of a computer, system or network pursuant to paragraph (a) or (b) of subsection 4 of NRS 201.560 and the court grants probation or suspends the sentence, the court shall, in addition to any other condition ordered pursuant to NRS 176A.400, order as a condition of probation or suspension that the defendant not own or use a computer, including, without limitation, use electronic mail, a chat room or the Internet.

      2.  The court is not required to impose a condition of probation or suspension of sentence set forth in subsection 1 if the court finds that:

      (a) The use of a computer by the defendant will assist a law enforcement agency or officer in a criminal investigation;

      (b) The defendant will use the computer to provide technological training concerning technology of which the defendant has a unique knowledge; or

      (c) The use of the computer by the defendant will assist companies that require the use of the specific technological knowledge of the defendant that is unique and is otherwise unavailable to the company.

      3.  Except as otherwise provided in subsection 1, if a defendant is convicted of an offense that involved the use of a computer, system or network and the court grants probation or suspends the sentence, the court may, in addition to any other condition ordered pursuant to NRS 176A.400, order as a condition of probation or suspension that the defendant not own or use a computer, including, without limitation, use electronic mail, a chat room or the Internet.

      4.  As used in this section:

      (a) “Computer” has the meaning ascribed to it in NRS 205.4735.

      (b) “Network” has the meaning ascribed to it in NRS 205.4745.

      (c) “System” has the meaning ascribed to it in NRS 205.476.

      (d) “Text messaging” has the meaning ascribed to it in NRS 200.575.

      (Added to NRS by 2001, 2791; A 2003, 1383; 2009, 3010)

      NRS 176A.416  Evaluations and counseling for offenses involving cruelty to animals; powers and duties of court.

      1.  As a condition of probation, the court may order a defendant who is convicted of a violation of chapter 574 of NRS that is punishable as a felony or gross misdemeanor to:

      (a) Submit to a psychiatric evaluation; and

      (b) Participate in any counseling or therapy recommended in the evaluation.

      2.  The court shall order a defendant, to the extent of the defendant’s financial ability, to pay the cost for an evaluation and any counseling or therapy pursuant to this section.

      (Added to NRS by 2001, 2891)

      NRS 176A.420  Tests to determine use of controlled substance.

      1.  Upon the granting of probation to a person convicted of a felony or gross misdemeanor, the court may, when the circumstances warrant, require as a condition of probation that the probationer submit to periodic tests to determine whether the probationer is using any controlled substance. Any such use or any failure or refusal to submit to a test is a ground for revocation of probation.

      2.  Any expense incurred as a result of a test must be paid from appropriations to the Division on claims as other claims against the State are paid.

      (Added to NRS by 1969, 181; A 1971, 2025; 1973, 179; 1975, 895; 1977, 262, 421; 1993, 1513)

      NRS 176A.430  Restitution.

      1.  The court shall order as a condition of probation or suspension of sentence, in appropriate circumstances, that the defendant make full or partial restitution to the person or persons named in the order, at the times and in the amounts specified in the order unless the court finds that restitution is impracticable. Such an order may require payment for medical or psychological treatment of any person whom the defendant has injured. In appropriate circumstances, the court shall include as a condition of probation or suspension of sentence that the defendant execute an assignment of wages earned while on probation or subject to the conditions of suspension of sentence to the Division for restitution.

      2.  All money received by the Division for restitution must be deposited with the State Treasurer for credit to the Restitution Trust Fund.

      3.  The Division shall make pro rata payments from the money received from the defendant to each person to whom the restitution was ordered pursuant to this section. Such a payment must be made not less than once each fiscal year. Any money received from the defendant that is remaining at the end of each fiscal year must be paid at that time in pro rata payments to each person to whom the restitution was ordered. A final pro rata payment must be made to such persons when the defendant pays the entire restitution owed.

      4.  All payments from the Fund must be paid as other claims against the State are paid.

      5.  If restitution is not required, the court shall set forth the circumstances upon which it finds restitution impracticable in its order of probation or suspension of sentence.

      6.  Failure to comply with the terms of an order for restitution is a violation of a condition of probation or suspension of sentence unless the defendant’s failure was caused by economic hardship resulting in his or her inability to pay the amount due. The defendant is entitled to a hearing to show the existence of such a hardship.

      7.  If, within 3 years after the defendant has been discharged from probation, the Division has not located the person to whom the restitution was ordered, the money paid to the Division by the defendant must be deposited with the State Treasurer for credit to the Fund for the Compensation of Victims of Crime.

      (Added to NRS by 1975, 83; A 1977, 399; 1981, 1341; 1983, 245, 383; 1993, 1514; 1995, 410; 2013, 194)

      NRS 176A.440  Program of intensive supervision.

      1.  The Chief Parole and Probation Officer shall develop a program for the intensive supervision of a person granted probation pursuant to subsection 4 of NRS 176A.100.

      2.  The Program of Intensive Supervision must include an initial period of electronic supervision of the probationer with an electronic device approved by the Division. The device must be minimally intrusive and limited in capability to recording or transmitting information concerning the probationer’s presence at the probationer’s residence, including, but not limited to, the transmission of still visual images which do not concern the probationer’s activities while inside the residence. A device which is capable of recording or transmitting:

      (a) Oral or wire communications or any auditory sound; or

      (b) Information concerning the probationer’s activities while inside the residence,

Ę must not be used.

      (Added to NRS by 1991, 2043; A 1993, 1514; 1995, 1251)

      NRS 176A.450  Modification; procedure for modifying conditions relating to program of probation secured by surety bond; limitations.

      1.  Except as otherwise provided in this section, by order duly entered, the court may impose, and may at any time modify, any conditions of probation or suspension of sentence. The court shall cause a copy of any such order to be delivered to the parole and probation officer and the probationer. A copy of the order must also be sent to the Director of the Department of Corrections if the probationer is under the supervision of the Director pursuant to NRS 176A.780.

      2.  If the probationer is participating in a program of probation secured by a surety bond, the court shall not impose or modify the conditions of probation unless the court notifies the surety and:

      (a) Causes the original bond to be revoked and requires a new bond to which the original and the new conditions are appended and made part; or

      (b) Requires an additional bond to which the new conditions are appended and made part.

      3.  The court shall not modify a condition of probation or suspension of sentence that was imposed pursuant to NRS 176A.410, unless the court finds that extraordinary circumstances are present and the court enters those extraordinary circumstances in the record.

      (Added to NRS by 1967, 1435; A 1989, 1855; 1995, 1251; 1997, 1672; 2001 Special Session, 222)

DURATION; ARREST FOR ALLEGED VIOLATION

      NRS 176A.500  Authority of court to fix duration; limitations; arrest for alleged violation; powers and duties of peace officers; deduction of days.

      1.  The period of probation or suspension of sentence may be indeterminate or may be fixed by the court and may at any time be extended or terminated by the court, but the period, including any extensions thereof, must not be more than:

      (a) Three years for a:

             (1) Gross misdemeanor; or

             (2) Suspension of sentence pursuant to NRS 176A.260, 176A.290 or 453.3363; or

      (b) Five years for a felony.

      2.  At any time during probation or suspension of sentence, the court may issue a warrant for violating any of the conditions of probation or suspension of sentence and cause the defendant to be arrested. Except for the purpose of giving a dishonorable discharge from probation, and except as otherwise provided in this subsection, the time during which a warrant for violating any of the conditions of probation is in effect is not part of the period of probation. If the warrant is cancelled or probation is reinstated, the court may include any amount of that time as part of the period of probation.

      3.  Any parole and probation officer or any peace officer with power to arrest may arrest a probationer without a warrant, or may deputize any other officer with power to arrest to do so by giving the probationer a written statement setting forth that the probationer has, in the judgment of the parole and probation officer, violated the conditions of probation. Except as otherwise provided in subsection 4, the parole and probation officer or the peace officer, after making an arrest, shall present to the detaining authorities, if any, a statement of the charges against the probationer. The parole and probation officer shall at once notify the court which granted probation of the arrest and detention or residential confinement of the probationer and shall submit a report in writing showing in what manner the probationer has violated the conditions of probation.

      4.  A parole and probation officer or a peace officer may immediately release from custody without any further proceedings any person the officer arrests without a warrant for violating a condition of probation if the parole and probation officer or peace officer determines that there is no probable cause to believe that the person violated the condition of probation.

      5.  A person who is sentenced to serve a period of probation for a felony or a gross misdemeanor must be allowed for the period of the probation a deduction as set forth in subsection 6 if the offender is in compliance with the terms and conditions of the probation as determined by the Division and is:

      (a) Current with any fee to defray the cost of the supervision charged pursuant to NRS 213.1076 and with any fines, fees and restitution ordered by the court, including, without limitation, any payment of restitution required pursuant to NRS 176A.430; and

      (b) Actively involved in employment or enrolled in a program of education, rehabilitation or any other program approved by the Division.

      6.  A person described in subsection 5 must be allowed for the period of the probation a deduction of:

      (a) Ten days from that period for each month the person serves and is current on any fees to defray the cost of the supervision owed and on any fines, fees and restitution ordered by the court; and

      (b) Except as otherwise provided in subsection 7, an additional 10 days from that period for each month the person serves and is actively involved in employment or enrolled in a program of education, rehabilitation or any other program approved by the Division.

      7.  A person who is sentenced to serve a period of probation for a felony or a gross misdemeanor and who is a participant in a specialty court program must be allowed a deduction from the period of probation for being actively involved in employment or enrolled in a program of education, rehabilitation or any other program approved by the Division only if the person successfully completes the specialty court program. Such a deduction must not exceed the length of time remaining on the person’s period of probation.

      8.  As used in this section, “specialty court program” means a program established by a court to facilitate testing, treatment and oversight of certain persons over whom the court has jurisdiction and who the court has determined suffer from mental illnesses or abuse alcohol or drugs. Such a program includes, without limitation, a program established pursuant to NRS 176A.250 or 453.580.

      (Added to NRS by 1967, 1435; A 1969, 639; 1973, 169, 249; 1977, 814; 1979, 324; 1981, 370; 1983, 284; 1987, 761; 1989, 1110; 1991, 315, 1664; 1999, 1207; 2001 Special Session, 260; 2007, 3184; 2009, 105, 2513)

PROCEEDINGS AFTER ARREST

Residential Confinement Pending Inquiry or Consideration by Court

      NRS 176A.530  Authority of Chief Parole and Probation Officer to order.  The Chief Parole and Probation Officer may, in accordance with the provisions of NRS 176A.530 to 176A.560, inclusive, order any probationer who is arrested pursuant to NRS 176A.500 to be placed in residential confinement in lieu of detention in a county jail pending an inquiry to determine whether there is probable cause to believe that the probationer has committed any act which would constitute a violation of a condition of the probation.

      (Added to NRS by 1991, 314)

      NRS 176A.540  Requirements; intensive supervision; use of electronic device; limitations.

      1.  The Chief Parole and Probation Officer may order the residential confinement of a probationer if the Chief Parole and Probation Officer believes that the probationer poses no danger to the community and will appear at a scheduled inquiry or court hearing.

      2.  In ordering the residential confinement of a probationer, the Chief Parole and Probation Officer shall:

      (a) Require the probationer to be confined to the probationer’s residence during the time the probationer is away from any employment, community service or other activity authorized by the Division; and

      (b) Require intensive supervision of the probationer, including, without limitation, unannounced visits to the probationer’s residence or other locations where the probationer is expected to be to determine whether the probationer is complying with the terms of confinement.

      3.  An electronic device approved by the Division may be used to supervise a probationer who is ordered to be placed in residential confinement. The device must be minimally intrusive and limited in capability to recording or transmitting information concerning the probationer’s presence at the probationer’s residence, including the transmission of still visual images which do not concern the probationer’s activities while inside the residence. A device which is capable of recording or transmitting:

      (a) Oral or wire communications or any auditory sound; or

      (b) Information concerning the probationer’s activities while inside the residence,

Ę must not be used.

      4.  The Chief Parole and Probation Officer shall not order a probationer to be placed in residential confinement unless the probationer agrees to the order.

      5.  Any residential confinement must not extend beyond the unexpired maximum term of the original sentence.

      (Added to NRS by 1991, 314; 1993, 1514; 1995, 1251; 2001 Special Session, 134)

      NRS 176A.550  Terms and conditions; modification; notice to probationer.

      1.  In ordering a probationer to be placed in residential confinement, the Chief Parole and Probation Officer may establish the terms and conditions of that confinement.

      2.  The Chief Parole and Probation Officer may, at any time, modify the terms and conditions of the residential confinement.

      3.  The Chief Parole and Probation Officer shall cause a copy of the order to be delivered to the probationer.

      (Added to NRS by 1991, 314)

      NRS 176A.560  Termination; detention of probationer in jail.

      1.  The Chief Parole and Probation Officer may terminate the residential confinement of a probationer and order the detention of the probationer in a county jail pending an inquiry or court hearing if:

      (a) The probationer violates the terms or conditions of the residential confinement; or

      (b) The Chief Parole and Probation Officer, in his or her discretion, determines that the probationer poses a danger to the community or that there is a reasonable doubt that the probationer will appear at the inquiry or hearing.

      2.  A probationer has no right to dispute a decision to terminate the residential confinement.

      (Added to NRS by 1991, 315)

Inquiry to Determine Probable Cause

      NRS 176A.580  Inquiry required before alleged violation considered by court; qualifications of inquiring officer; time and place of inquiry; exceptions; subpoenas.

      1.  Before a probationer in custody for a violation of a condition of probation may be returned to the court for that violation, an inquiry must be conducted to determine whether there is probable cause to believe that the probationer has committed any act that would constitute such a violation.

      2.  The inquiry must be conducted before an inquiring officer who:

      (a) Is not directly involved in the case;

      (b) Has not made the report of violation of the probation; and

      (c) Has not recommended revocation of the probation,

Ę but the inquiring officer need not be a judicial officer.

      3.  Except in a case where the probationer is a fugitive or is under supervision in another state, the inquiry must be held at or reasonably near the place of the alleged violation or the arrest and must be held:

      (a) If the probationer is on probation from another state and under supervision in this State, not later than 30 days after arrest.

      (b) If the probationer is on probation from a Nevada court, promptly and not later than 15 days after arrest and confinement on the charge that the probationer has violated a condition of probation or after an order has been filed to hold the probationer on that charge if the probationer is already confined on another charge. The time for the inquiry may be extended if, within the 15-day period, the probationer is released from confinement or the order that the probationer be held is withdrawn.

      4.  Any conviction for violating a federal, state or local law, except a minor traffic offense, which is committed while the probationer is on probation constitutes probable cause for the purposes of this section and an inquiry need not be held.

      5.  For the purposes of this section, the inquiring officer may administer oaths and issue subpoenas to compel the attendance of witnesses and the production of books and papers.

      (Added to NRS by 1977, 815; A 1979, 168; 1981, 479; 1983, 270)

      NRS 176A.590  Enforcement of subpoena issued by inquiring officer; contempt.

      1.  If any witness refuses to attend or testify or produce any books and papers as required by the subpoena, the inquiring officer may report to the district court by petition, setting forth that:

      (a) Due notice has been given of the time and place of attendance of the witness or the production of the books and papers;

      (b) The witness has been subpoenaed by the inquiring officer pursuant to NRS 176A.580; and

      (c) The witness has failed or refused to attend or produce the books and papers required by the subpoena at the inquiry which is named in the subpoena, or has refused to answer questions propounded,

Ę and asking for an order of the court compelling the witness to attend and testify or produce the books and papers.

      2.  Upon such petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days from the date of the order, and then and there show cause why the witness has not attended or testified or produced the books or papers at the inquiry. A certified copy of the order shall be served upon the witness.

      3.  If it appears to the court that the subpoena was regularly issued by the inquiring officer, the court shall enter an order that the witness appear at the inquiry at the time and place fixed in the order and testify or produce the required books or papers, and upon failure to obey the order the witness shall be dealt with as for contempt of court.

      (Added to NRS by 1979, 168)

      NRS 176A.600  Notice to probationer; rights of probationer at inquiry.

      1.  The parole and probation officer or detaining authority shall give the arrested probationer advance notice of:

      (a) The place and time of the inquiry.

      (b) The purpose of the inquiry.

      (c) What violations of probation have been alleged.

      2.  The inquiring officer shall allow the probationer to:

      (a) Appear and speak on the probationer’s own behalf.

      (b) Obtain counsel.

      (c) Present any relevant letters or other documents and any person who can give relevant information.

      (d) Confront and question any person who appears against the probationer, unless in the opinion of the inquiring officer the person would be subjected to a risk of harm by disclosure of the person’s identity.

      (Added to NRS by 1977, 815; A 1983, 271)

      NRS 176A.610  Duties of inquiring officer; determination; detention or residential confinement of probationer upon finding probable cause.

      1.  Upon completion of the inquiry, the inquiring officer shall:

      (a) Make a written summary of what occurred at the inquiry, noting the substance of the evidence given to support a revocation of the probation and the probationer’s position and responses.

      (b) Determine whether there is probable cause to hold the probationer for a court hearing on revocation.

      2.  If the inquiring officer determines that there is probable cause:

      (a) The inquiring officer’s determination is sufficient to warrant the continued detention of the probationer pending the court’s hearing; or

      (b) The Chief Parole and Probation Officer may order the probationer to be placed in residential confinement in accordance with the provisions of NRS 176A.530 to 176A.560, inclusive.

      (Added to NRS by 1977, 816; A 1991, 316)

Consideration by Court of Alleged Violation; Assessment of Expenses

      NRS 176A.630  Assignment of case; consideration of alleged violation; revocation permitted upon finding violation; alternative actions; restitution for governmental expenses.  If the probationer is arrested, by or without warrant, in another judicial district of this state, the court which granted the probation may assign the case to the district court of that district, with the consent of that court. The court retaining or thus acquiring jurisdiction shall cause the defendant to be brought before it, consider the standards adopted pursuant to NRS 213.10988 and the recommendation, if any, of the Chief Parole and Probation Officer. Upon determining that the probationer has violated a condition of probation, the court shall, if practicable, order the probationer to make restitution for any necessary expenses incurred by a governmental entity in returning the probationer to the court for violation of the probation. The court may:

      1.  Continue or revoke the probation or suspension of sentence;

      2.  Order the probationer to a term of residential confinement pursuant to NRS 176A.660;

      3.  Order the probationer to undergo a program of regimental discipline pursuant to NRS 176A.780;

      4.  Cause the sentence imposed to be executed; or

      5.  Modify the original sentence imposed by reducing the term of imprisonment and cause the modified sentence to be executed. The court shall not make the term of imprisonment less than the minimum term of imprisonment prescribed by the applicable penal statute. If the Chief Parole and Probation Officer recommends that the sentence of a probationer be modified and the modified sentence be executed, the Chief Parole and Probation Officer shall provide notice of the recommendation to any victim of the crime for which the probationer was convicted who has requested in writing to be notified and who has provided a current address to the Division. The notice must inform the victim that he or she has the right to submit documents to the court and to be present and heard at the hearing to determine whether the sentence of a probationer who has violated a condition of probation should be modified. The court shall not modify the sentence of a probationer and cause the sentence to be executed until it has confirmed that the Chief Parole and Probation Officer has complied with the provisions of this subsection. The Chief Parole and Probation Officer must not be held responsible when such notification is not received by the victim if the victim has not provided a current address. All personal information, including, but not limited to, a current or former address, which pertains to a victim and which is received by the Division pursuant to this subsection is confidential.

      (Added to NRS by 1977, 816; A 1987, 2229; 1989, 1855, 1887; 1993, 935; 1995, 1356; 1997, 3237)

      NRS 176A.635  Effect of violation of condition of probation, forfeiture and restoration of credits for good behavior.

      1.  If a court before which a probationer is brought pursuant to NRS 176A.630 determines that the probationer has violated a condition of probation, the probationer forfeits all or part of the credits for good behavior earned pursuant to NRS 176A.500 during probation, in the discretion of the court.

      2.  A forfeiture may be made only by the court after proof of the violation and notice to the probationer.

      3.  The court may restore credits forfeited for such reasons as it considers proper.

      4.  If the court provides for the forfeiture or restoration of credits for good behavior of a probationer pursuant to this section, the clerk of the court shall notify the Chief Parole and Probation Officer of the forfeiture or restoration of credits.

      (Added to NRS by 2009, 2512)

      NRS 176A.640  Expenses of returning arrested probationer to court are charge against State; payment.  The necessary expenses of returning to the court a person arrested for violation of probation are a charge against the State and must be paid from money appropriated to the Division. After the appropriation for this purpose is exhausted, money must be allocated to the Division out of the Reserve for Statutory Contingency Account, upon approval by the State Board of Examiners, for the payment of these expenses.

      (Added to NRS by 1977, 816; A 1983, 237; 1991, 1753; 1993, 1515)

RESIDENTIAL CONFINEMENT AFTER VIOLATION

      NRS 176A.660  Authority of court to order; requirements; intensive supervision; use of electronic device; limitations.

      1.  If a person who has been placed on probation violates a condition of probation, the court may order the person to a term of residential confinement in lieu of causing the sentence imposed to be executed. In making this determination, the court shall consider the criminal record of the person and the seriousness of the crime committed.

      2.  In ordering the person to a term of residential confinement, the court shall:

      (a) Direct that the person be placed under the supervision of the Division and require:

             (1) The person to be confined to the person’s residence during the time the person is away from any employment, community service or other activity authorized by the Division; and

             (2) Intensive supervision of the person, including, without limitation, unannounced visits to the person’s residence or other locations where the person is expected to be in order to determine whether the person is complying with the terms of confinement; or

      (b) If the person was placed on probation for a felony conviction, direct that the person be placed under the supervision of the Department of Corrections and require the person to be confined to a facility or institution of the Department for a period not to exceed 6 months. The Department may select the facility or institution in which to place the person.

      3.  An electronic device approved by the Division may be used to supervise a person ordered to a term of residential confinement. The device must be minimally intrusive and limited in capability to recording or transmitting information concerning the person’s presence at the person’s residence, including, but not limited to, the transmission of still visual images which do not concern the person’s activities while inside the residence. A device which is capable of recording or transmitting:

      (a) Oral or wire communications or any auditory sound; or

      (b) Information concerning the person’s activities while inside the residence,

Ę must not be used.

      4.  The court shall not order a person to a term of residential confinement unless the person agrees to the order.

      5.  A term of residential confinement may not be longer than the maximum term of a sentence imposed by the court.

      6.  As used in this section:

      (a) “Facility” has the meaning ascribed to it in NRS 209.065.

      (b) “Institution” has the meaning ascribed to it in NRS 209.071.

      (Added to NRS by 1987, 2228; A 1991, 57; 1993, 1515; 1995, 1252; 2001 Special Session, 135; 2007, 3185; 2009, 2514)

      NRS 176A.670  Terms and conditions; modification; notice.

      1.  In ordering a person to a term of residential confinement, a court may establish the terms and conditions of that confinement.

      2.  The court may, at any time, modify the terms and conditions of the residential confinement.

      3.  The court shall cause a copy of its order to be delivered to the person and the Division.

      (Added to NRS by 1987, 2229; A 1993, 1516)

      NRS 176A.680  Authority of court to modify or rescind for subsequent violation; imposition of other punishment.  If it is determined that the person violated any term or condition of residential confinement, the sentence may be rescinded, modified or continued. If it is rescinded, another punishment authorized by law must be imposed.

      (Added to NRS by 1987, 2229)

      NRS 176A.690  Establishment of procedures by Division for supervision of persons in residential confinement.  The Division shall establish procedures to administer a program of supervision for persons who are ordered to a term of residential confinement.

      (Added to NRS by 1987, 2229; A 1993, 1516)

RESIDENTIAL CENTERS FOR SUPERVISION OF PROBATIONERS

      NRS 176A.720  Establishment.  The Division may:

      1.  Establish centers for the housing and supervision of probationers assigned to the centers under NRS 176A.730.

      2.  Contract for any services necessary to operate these centers.

      (Added to NRS by 1983, 321; A 1993, 1516)

      NRS 176A.730  Assignment of probationers; limitations.

      1.  Except as otherwise provided in subsection 2, when a district court grants probation to a person convicted of a felony or continues probation after the person’s return to the court for violation of a condition of probation, the court may require as a condition of granting or continuing probation that the convicted person live for a period of time specified by the court under the supervision of the Division in a residential center established pursuant to NRS 176A.720.

      2.  The court may not assign a convicted person to a residential center under subsection 1:

      (a) If the convicted person has served a prior prison term in any state or federal penal institution.

      (b) Unless, in cases where probation is being granted rather than continued, the assignment is recommended by the Division.

      (Added to NRS by 1983, 321; A 1993, 1516)

      NRS 176A.740  Duties and powers of Division; management of earnings and assets of probationer; regulations.

      1.  The Division shall:

      (a) Determine a fixed amount to be deducted from the wages of each probationer assigned to a residential center to partially offset the cost of providing the probationer with housing and meals at the center.

      (b) Arrange for all earnings of a probationer assigned to a residential center to be paid directly from the employer to the probationer who shall immediately give the probationer’s earnings to the Division.

      (c) Deduct the amount for housing, meals and medical and dental services determined under paragraph (a), and distribute the remainder according to a court order for restitution, if any, or to a plan for the management of the probationer’s assets established by the Division.

      2.  The Division may adopt regulations necessary to carry out the provisions of this section and NRS 176A.720 and 176A.730.

      (Added to NRS by 1983, 321; A 1993, 1516)

PROGRAM OF REGIMENTAL DISCIPLINE

      NRS 176A.770  Legislative declaration.  The Legislature hereby determines and declares that a program of regimental discipline is not to be used as an alternative to probation, but as an alternative to incarceration.

      (Added to NRS by 1989, 1852)

      NRS 176A.780  Eligibility; procedure; completion; deduction of time from sentence.

      1.  If a defendant:

      (a) Is male;

      (b) Has been convicted of a felony that:

             (1) Does not involve an act of violence; or

           (2) Involves an act of violence, but the district attorney stipulates to the defendant’s eligibility to participate in a program of regimental discipline;

      (c) Is at least 18 years of age;

     (d) Has not been incarcerated in jail during his lifetime for a cumulative total of more than 365 days;

      (e) Has never been incarcerated in prison; and

      (f) Is otherwise eligible for probation,

Ę the court may order the defendant satisfactorily to complete a program of regimental discipline for 150 days before sentencing the defendant or in lieu of causing the sentence imposed to be executed upon violation of a condition of probation or suspension of sentence.

      2.  If the court orders the defendant to undergo a program of regimental discipline, it:

      (a) Shall place the defendant under the supervision of the Director of the Department of Corrections for not more than 190 days, not more than the first 30 days of which must be used to determine the defendant’s eligibility to participate in the program. In determining the defendant’s eligibility to participate in the program, the Director shall:

             (1) Make all reasonable efforts to accommodate the defendant in the program; and

             (2) Consider the facts and circumstances of the defendant’s offense based on the police report, the report of the presentence investigation and any other information available to the Director.

      (b) Shall, if appropriate, direct the Chief Parole and Probation Officer to provide a copy of the defendant’s records to the Director of the Department of Corrections.

      (c) Shall require the defendant to be returned to the court not later than 30 days after the defendant is placed under the supervision of the Director, if the defendant is determined to be ineligible for the program.

      (d) May require such reports concerning the defendant’s participation in the program as it deems desirable.

      3.  If the defendant is ordered to complete the program before sentencing, the Director of the Department of Corrections shall return the defendant to the court not later than 150 days after the defendant began the program. The Director shall certify either that the defendant satisfactorily completed the program or that the defendant did not, and shall report the results of the Director’s evaluation, including any recommendations which will be helpful in determining the proper sentence. Upon receiving the report, the court shall sentence the defendant.

      4.  If the defendant is ordered to complete the program in lieu of causing the sentence imposed to be executed upon the violation of a condition of probation and the defendant satisfactorily completes the program, the Director of the Department of Corrections shall, not later than 150 days after the defendant began the program, return the defendant to the court with certification that the defendant satisfactorily completed the program. The court shall direct that:

      (a) The defendant be placed under the supervision of the Chief Parole and Probation Officer; and

      (b) The Director of the Department of Corrections cause a copy of the records concerning the defendant’s participation in the program to be provided to the Chief Parole and Probation Officer.

      5.  If a defendant is ordered to complete the program of regimental discipline in lieu of causing the sentence imposed to be executed upon the violation of a condition of probation, a failure by the defendant satisfactorily to complete the program constitutes a violation of that condition of probation and the Director of the Department of Corrections shall return the defendant to the court.

      6.  Time spent in the program must be deducted from any sentence which may thereafter be imposed.

      (Added to NRS by 1989, 1852; A 1993, 1942; 2001 Special Session, 222; 2013, 1846)

DISCHARGE

      NRS 176A.850  Honorable discharge from probation: When granted; restoration of civil rights; effect; documentation.

      1.  A person who:

      (a) Has fulfilled the conditions of probation for the entire period thereof;

      (b) Is recommended for earlier discharge by the Division; or

      (c) Has demonstrated fitness for honorable discharge but because of economic hardship, verified by the Division, has been unable to make restitution as ordered by the court,

Ę may be granted an honorable discharge from probation by order of the court.

      2.  Any amount of restitution remaining unpaid constitutes a civil liability arising upon the date of discharge.

      3.  Except as otherwise provided in subsection 4, a person who has been honorably discharged from probation:

      (a) Is free from the terms and conditions of probation.

      (b) Is immediately restored to the following civil rights:

             (1) The right to vote; and

             (2) The right to serve as a juror in a civil action.

      (c) Four years after the date of honorable discharge from probation, is restored to the right to hold office.

      (d) Six years after the date of honorable discharge from probation, is restored to the right to serve as a juror in a criminal action.

      (e) If the person meets the requirements of NRS 179.245, may apply to the court for the sealing of records relating to the conviction.

      (f) Must be informed of the provisions of this section and NRS 179.245 in the person’s probation papers.

      (g) Is exempt from the requirements of chapter 179C of NRS, but is not exempt from the requirements of chapter 179D of NRS.

      (h) Shall disclose the conviction to a gaming establishment and to the State and its agencies, departments, boards, commissions and political subdivisions, if required in an application for employment, license or other permit. As used in this paragraph, “establishment” has the meaning ascribed to it in NRS 463.0148.

      (i) Except as otherwise provided in paragraph (h), need not disclose the conviction to an employer or prospective employer.

      4.  Except as otherwise provided in this subsection, the civil rights set forth in subsection 3 are not restored to a person honorably discharged from probation if the person has previously been convicted in this State:

      (a) Of a category A felony.

      (b) Of an offense that would constitute a category A felony if committed as of the date of the honorable discharge from probation.

      (c) Of a category B felony involving the use of force or violence that resulted in substantial bodily harm to the victim.

      (d) Of an offense involving the use of force or violence that resulted in substantial bodily harm to the victim and that would constitute a category B felony if committed as of the date of honorable discharge from probation.

      (e) Two or more times of a felony, unless a felony for which the person has been convicted arose out of the same act, transaction or occurrence as another felony, in which case the convictions for those felonies shall be deemed to constitute a single conviction for the purposes of this paragraph.

Ę A person described in this subsection may petition a court of competent jurisdiction for an order granting the restoration of civil rights as set forth in subsection 3.

      5.  The prior conviction of a person who has been honorably discharged from probation may be used for purposes of impeachment. In any subsequent prosecution of the person, the prior conviction may be pleaded and proved if otherwise admissible.

      6.  Except for a person subject to the limitations set forth in subsection 4, upon honorable discharge from probation, the person so discharged must be given an official document which provides:

      (a) That the person has received an honorable discharge from probation;

      (b) That the person has been restored to his or her civil rights to vote and to serve as a juror in a civil action as of the date of honorable discharge from probation;

      (c) The date on which the person’s civil right to hold office will be restored pursuant to paragraph (c) of subsection 3; and

      (d) The date on which the person’s civil right to serve as a juror in a criminal action will be restored pursuant to paragraph (d) of subsection 3.

      7.  Subject to the limitations set forth in subsection 4, a person who has been honorably discharged from probation in this State or elsewhere and whose official documentation of honorable discharge from probation is lost, damaged or destroyed may file a written request with a court of competent jurisdiction to restore the person’s civil rights pursuant to this section. Upon verification that the person has been honorably discharged from probation and is eligible to be restored to the civil rights set forth in subsection 3, the court shall issue an order restoring the person to the civil rights set forth in subsection 3. A person must not be required to pay a fee to receive such an order.

      8.  A person who has been honorably discharged from probation in this State or elsewhere may present:

      (a) Official documentation of honorable discharge from probation, if it contains the provisions set forth in subsection 6; or

      (b) A court order restoring the person’s civil rights,

Ę as proof that the person has been restored to the civil rights set forth in subsection 3.

      (Added to NRS by 1967, 1436; A 1989, 1983; 1993, 1517; 1997, 1672; 2001, 1639, 1690; 2003, 67, 2685; 2005, 81, 2354)

      NRS 176A.870  Dishonorable discharge.  A defendant whose term of probation has expired and:

      1.  Whose whereabouts are unknown;

      2.  Who has failed to make restitution in full as ordered by the court, without a verified showing of economic hardship; or

      3.  Who has otherwise failed to qualify for an honorable discharge as provided in NRS 176A.850,

Ę is not eligible for an honorable discharge and must be given a dishonorable discharge. A dishonorable discharge releases the probationer from any further obligation, except a civil liability arising on the date of discharge for any unpaid restitution, but does not entitle the probationer to any privilege conferred by NRS 176A.850.

      (Added to NRS by 1967, 1437; A 1977, 274, 815; 1981, 361; 1989, 1984; 1997, 945)