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Residential Confinement Laws

 Overview of Nevada’s Residential Confinement Laws

Nevada private correctional facilitiesNevada provides for certain eligible offenders to be assigned to residential confinement, otherwise known as “house arrest,” under supervision of the Division of Parole and Probation.  The offender must meet certain qualifications to be eligible for enrollment in residential confinement, and must abide by certain restrictions while serving a term of residential confinement.

What is Residential Confinement?

Nev. Rev. Stat. §§ 213.371–213.410 discusses residential confinement of offenders.  “Residential confinement” is defined under Nev. Rev. Stat. § 213.371 as the confinement of an offender to his or her place of residence under the terms and conditions established by the Division of Parole and Probation of the Department of Public Safety.

Nevada’s Residential Confinement Statute

Nev. Rev. Stat. § 209.392 outlines the overall process of residential confinement, including the duration of confinement, eligibility, necessary procedures, penalties for violation of the terms, and the distribution of restitution paid by the offender.  An eligible offender must request to be enrolled in residential confinement after demonstrating a willingness to be employed, enroll in an education or rehabilitation program, and establish an ability to pay associated costs and any restitution obligations to victims of the offender’s crime.  The Division of Probation and Parole must be notified of the offender’s request and determine that the offender is eligible to be enrolled.  If at any time, the offender is found to have escaped or violated any terms or conditions of the offender’s residential confinement, the Division of Parole and Probation may return the offender to the custody of the Department.  The specific statutory language of Nev. Rev. Stat. § 209.392 can be found below:

  1. Except as otherwise provided in NRS 209.3925 and 209.429, the Director may, at the request of an offender who is eligible for residential confinement pursuant to the standards adopted by the Director and pursuant to the standards adopted by the Director pursuant to subsection 3 and who has:

(a) Demonstrated a willingness and ability to establish a position of employment in the community;

(b) Demonstrated a willingness and ability to enroll in a program for education or rehabilitation; or

(c) Demonstrated an ability to pay for all or part of the costs of the offender’s confinement and to meet any existing obligation for restitution to any victim of his or her crime,

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assign the offender to the custody of the Division of the Parole and Probation of the Department of Public Safety to serve a term of residential confinement, pursuant to NRS 213.380, for not longer than the remainder of his or her sentence.

  1. Upon receiving a request to serve a term of residential confinement from an eligible offender, the Director shall notify the Division of Parole and Probation. Except as otherwise provided in NRS 213.10915, if any victim of a crime committed by the offender has, pursuant to subsection 4 of NRS 213.131, requested to be notified of the consideration of a prisoner for parole and has provided a current address, the Division of Parole and Probation shall notify the victim of the offender’s request and advise the victim that the victim may submit documents regarding the request to the Division of Parole and Probation.  If a current address has not been provided as required by subsection 4 or NRS 213.131, the Division of Parole and Probation must not be held responsible if such notification is not received by the victim.  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 of Parole and Probation pursuant to this subsection is confidential.
  2. The Director, after consulting with the Division of Parole and Probation, shall adopt by regulation, standards providing which offenders are eligible for residential confinement.  The standards adopted by the Director must provide that an offender who:

(a) Has recently committed a serious infraction of the rules of an institution or facility of the Department;

(b) Has not performed the duties assigned to the offender in a faithful and orderly manner;

(c) Has been convicted of:

(1) Any crime that is punishable as a felony involving the use or threatened use of force or violence against the victim within the immediately preceding 3 years;

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(2) A sexual offense that is punishable as a felony; or

(3) Except as otherwise provided in subsection 4, a category A or B felony;

(d) Has more than one prior conviction for any felony in this State or any offense in another state that would be a felony if committed in this State, not including a violation of NRS 484C.110, 484C.120, 484C.130, 484C.430, 488.420, 488.425 or 488.427; or

(e) Has escaped or attempted to escape from any jail or correctional institution for adults,

is not eligible for assignment to the custody of the Division of Parole and Probation to serve a term of residential confinement pursuant to this section.

  1. The standards adopted by the Director pursuant to subsection 3 must provide that an offender who has been convicted of a category B felony is eligible for assignment to the custody of the Division of Parole and Probation to serve a term of residential confinement pursuant to this section if:

(a) The offender is not otherwise ineligible pursuant to subsection 3 for an assignment to serve a term of residential confinement; and

(b) The Director makes a written finding that such an assignment of the offender is not likely to pose a threat to the safety of the public.

  1. If an offender assigned to the custody of the Division of Parole and Probation pursuant to this section escapes or violates any of the terms or conditions of the offender’s residential confinement:

(a) The Division of Parole and Probation may, pursuant to the procedure set forth in NRS 213.410, return the offender to the custody of the Department.

(b) The offender forfeits all or part of the credits for good behavior earned by the offender before the escape or violation, as determined by the Director.  The Director may provide a forfeiture of credits pursuant to this paragraph only after proof of the offense and notice to the offender and may restore credits forfeiture for such reasons as the Director considers proper.  The decision of the Director regarding such a forfeiture is final.

  1. The assignment of an offender to the custody of the Division of Parole and Probation pursuant to this section shall be deemed:

(a) A continuation of the offender’s imprisonment and not a release on parole; and

(b) For the purposes of NRS 209.341, an assignment to a facility of the Department,

except that the offender is not entitled to obtain any benefits or to participate in any programs provided to offenders in the custody of the Department.

  1. An offender does not have a right to be assigned to the custody of the Division of Parole and Probation pursuant to this section, or to remain in that custody after such an assignment, and it is not intended that the provisions of this section or of NRS 213.371 to 213.410, inclusive, create any commissions, departments, officers, or employees.
  2. The Division of Parole and Probation may receive and distribute restitution paid by an offender assigned to the custody of the Division of Parole and Probation pursuant to this section.

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