NRS 211A.127  – Effects of Violation of Condition of Suspended Sentence by Probationer or Supervised Releasee

It is important for any person who has served time in jail and is now out on parole to do all they can to avoid getting involved in any illegal or nefarious activities. Why? Because if they fail to adhere to the strict provisions of their parole, they could wind up back in jail and triggering the activation of their suspended sentence.

The ramifications of violating parole when the parolee had a suspended sentence is set forth in NRS 211A.127. This statutory provision specifically states:

  1. If a probationer has violated a condition of his or her suspended sentence, the court may, upon its own motion or upon the report and recommendation of the chief or an assistant, do any or all of the following:

(a) Modify the conditions of the suspension of the sentence.

(b) Modify and extend the suspension of the sentence, in whole or in part, for a period of not more than 1 year after the date on which the court finds that the probationer has committed the violation, unless a longer period is authorized by specific statute.

(c) Revoke the suspension of the sentence, in whole or in part, and cause all or part of the sentence to be executed.

  1. If a supervised releasee has violated a condition of his or her pretrial or presentence release, the court may, upon its own motion or upon the report and recommendation of the chief or an assistant, do any or all of the following:

(a) Modify the conditions of his or her pretrial or presentence release.

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(b) Revoke his or her pretrial or presentencing release.

(c) Consider the violation at the time of sentencing.

  1. Before taking any action described in subsection 1 or 2, the court shall provide the probationer or the supervised releasee with notice of the proposed action and an opportunity to be heard.

When is a Parolee said to be in Violation under Nevada Law?

According to NRS 213.1243, this is when the Parolee defies the terms and conditions set before him or her by the court when he or is given a supervised releasee. Committing a crime, while on parole status, or failure to inform the parole and probation officer about their current locations is as good as having violated conditions.

What Happens after a Parolee is Arrested?

According to NRS 213.15105, the Chief Parole and Probation Officer may order any parolee who is arrested to be placed in residential confinement instead of detention in county jail. Meanwhile, a board sets out an inquiry to determine whether there is probable cause to believe that the parolee has committed any act of violation as per the report by the peace officer.

The inquiry engages an inquiring officer who carries out all-inclusive research, which would constitute enough grounds that the Parolee was in violation. Once this is done, the Parolee is informed through a notice of the intended inquiry and is invited to defend him or herself.

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What does the Board do after Determination of a Possible Violation under the Nevada Law?

According to NRS 213.1517, the determination of a possible violation of conditions by a Parolee opens room for various actions. The board can: –

  1. Order the parolee to be placed in residential confinement.
  2. Suspend his or her parole and return the parolee to confinement.
  3. Release the arrested parolee again upon parole.
  4. Consider a forfeiture or restoration of the credits.

What Other Punishments Can Be Levied Against a Parolee for Breaking the Law?

According to NRS 213.1519, there are many other penalties the court can impose on a Parolee whose parole is revoked by decision of the Board for a violation of any regulation governing his or her conduct:

  1. The Parolee must serve the entire unexpired maximum term or the maximum aggregate term
  2. He or she may not again be released on parole during his or her term of imprisonment under subsection 2 of NRS 213.1215 but may be considered for release on parole under NRS 213.1099
  3. Depending on the situation and circumstance of the violation, the Parolee may be asked to pay some fine
  4. If it is proven that you committed another crime, you may be prosecuted afresh but alongside the original crime.

Have Questions? Speak with a Las Vegas Criminal Defense Lawyer

If you or a family member has been charged with a crime in Las Vegas, or have been charged with allegedly violating the terms of your parole, take action now by contacting an experienced Las Vegas criminal defense attorney with our law firm.