- Assembly Bill No. 342-Assemblymen Berman, de Braga, Williams, Neighbors, Marvel, Von Tobel, Ohrenschall, Amodei, Humke, Close, Herrera, Goldwater, Giunchigliani, Arberry, Segerblom, Carpenter, Tiffany, Hickey, Manendo, Krenzer, Evans, Hettrick, Ernaut, Chowning, Collins, Mortenson, Braunlin, Lambert and Koivisto
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- AN ACT relating to electronic supervision; providing a penalty for certain violations of conditions of electronic supervision; clarifying the penalty for certain felons who are on residential confinement and are absent without authorization; and providing other matters properly relating thereto.
[Approved July 8, 1997]
- THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 212 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in NRS 213.400, a person who has been arrested for, charged with or convicted of a felony or a gross misdemeanor, who is being supervised electronically pursuant to such an arrest, charge or conviction and who:
(a) Is absent or attempts to be absent from his residence, employment or other activity authorized by the supervising agency without authorization; or
(b) Removes or disables or attempts to remove or disable the electronic device used to supervise the person,
is guilty of a gross misdemeanor.
2. A person who has been arrested for, charged with or convicted of a misdemeanor, who is supervised electronically pursuant to such an arrest, charge or conviction and who:
(a) Is absent or attempts to be absent from his residence, employment or other activity authorized by the supervising agency without authorization; or
(b) Removes or disables or attempts to remove or disable the electronic device used to supervise the person,
is guilty of a misdemeanor.
3. In addition to any other penalty, the court shall order the person to pay restitution for any damage to or loss of the electronic device used to supervise the person.
4. A sentence imposed pursuant to this section must run consecutively with the sentence imposed for the original offense.
Sec. 2. NRS 213.400 is hereby amended to read as follows:
213.4001. If an offender is absent, without authorization, from his residence, employment, treatment or other activity authorized by the division [:
1. He] , he shall be deemed an escaped prisoner [;] and shall be punished as provided in NRS 212.090.
2. The chief parole and probation officer may issue a warrant for [his arrest. A peace officer shall execute] the arrest of the offender. The warrant must be executed by a peace officer in the same manner as ordinary criminal process.
Sec. 3. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 4. The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.
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