Electronic Supervision of Prisoners

NRS 211.250 – 211.300 – Overview of Electronic Supervision

Electronic supervision is a way courts in Nevada can keep a convicted defendant out of the jail system through a suspended sentence while still monitoring their whereabouts. However, it is important to understand that not every defendant is eligible for electronic supervision.

What Exactly is Electronic Supervision?

Electronic Supervision is an alternative to “traditional” detention that might be better know as “House Arrest” and as having to wear an unremovable “ankle bracelet.” However, the term “House Arrest” is a misnomer. You aren’t really “arrested” just to your house at all. Offenders can go to work, school – whether for general education, vocational school, or college, doctor appointments, counseling and rehab, court appearances, and more. When they’re not at court-approved activities and after curfew, they must be in their home.

When Electronic Supervision Can Be Used

Since these “ankle bracelets” allow law enforcement to track the offender’s every movement, the chief of police or sheriff may use electronic supervision rather than putting the offender in the city or county jail. However, there are a few requirements.

1. There are specific standards set in the general rules that must be met. The offender’s home must be set up in such a way to meet these standards. There are also specific conditions each individual must meet for electronic supervision. If these standards can be met, the offender can use electron supervision.
2. The offender must pose no unreasonable risk to the safety of the public.

What Determines Eligibility?

The better question is, “What does not determine eligibility?”

1. The prisoner does not have to be holding a job.
2. He does not need to be qualified for release to get a job under NRS 211.120.
3. He does not need to be qualified to participate in a program for general education, a vocational program, or any other educational program.

A prisoner that the county or city is monitoring under electronic supervision will not become qualified for release for work, employment, or educational programs unless he meets the same conditions as those that are carrying out their sentence inside the county or city jails.

Defendants Not Eligible for Electronic Monitoring

Several factors make an offender ineligible for electronic supervision. A few of these include:

1. His mental health history;
2. A history of drug use;
3. Drug sale or drug trafficking involvement; and
4. Tendencies toward violent behaviors.

Overview of the Rules and Regulations for Electronic Supervision

Nevada has established that each county or city will establish conditions that are individual to each case and general rules that cover everyone. The prisoner may be returned to jail or prison if he violates a mandated condition or established rule for electronic supervision. A few of Las Vegas’ rules and some possible conditions are as follows:

1. There’s a curfew instated. Breaking the curfew is against the rules.
2. There are “exclusion zones.” These are areas near the victim. Going into the “exclusion zone” can get the offender into trouble.
3. The offender must go to rehab and take drug tests.
4. He must do his community service.
5. Tampering with the ankle bracelet is against the rules.

Penalties for Violating Electronic Supervision

There are three basic penalties the judge may choose from. They are determined on a case-by-case basis. The offender may get:

1. A Light Penalty – a warning;
2. A Medium Penalty – jail time or other similar penalties;
3. A Harsh Penalty – the inability to ever use electronic supervision again, leaving him with only one option – jail or prison, whichever he was initially sent to, for the rest of his sentence.

How Much Does It Cost?

Each county and city set their own fees for electronic supervision. They each have an application fee and a daily fee as set by the board of county commissioners or the city’s governing body. The fee is proportionate to what it costs the city or county to carry out the monitoring.

In Las Vegas, the application fee is usually about $100, and the daily fee is much less. The fees differ, though, since, according to NRS 211.290, the county or city may contract with a private firm to carry out the monitoring. Because the firms charge differing amounts, the cost may range.

Electronic Supervision for Unconvicted Citizens

Instead of holding an accused person in jail until their trial, the court of jurisdiction may, in particular cases, allow the chief of police or sheriff to monitor the person through electronic supervision. All of the statutes of NRS 211.250 – 211.290 apply to the accused person just as if the courts had already convicted them of a crime in such a case.