Effect on the State or on Industrial Insurance: Yes.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
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.
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.