NRS 211.300 – Overview of the Laws Related to Electronic Supervision of Unconvicted Person Detained Before Trial
When you are accused of committing a crime, you are afforded a presumption of innocence (at least that is the hope). However, the Nevada legislature passed a law that enables law enforcement to supervise and monitor someone, even before they have had their day in court.
Pursuant to NRS 211.300, a Nevada court can authorize the electronic supervision of someone charged with a crime when that person has been detained for their trial.
Definition of “Unconvicted Person” under Nevada Law
According to NRS 211.300, for a person, who is alleged to have committed crime but yet to have the hearing, the court of jurisdiction may approve the suspect to be put under the electronic supervision pursuant of 211.250.
Sheriff or police have the power to supervise the person yet to be convicted following the procedures applied for convicts. So, the unconvicted person, according to the approval given by the court has to be followed just as it is done for the convict. Below is the specific statute
With the approval of the court of jurisdiction for the particular case, the sheriff or chief of police may supervise an unconvicted person detained before the persons trial in the manner provided for convicted prisoners in NRS 211.250 to 211.290, inclusive. If such approval is given, the provisions of NRS 211.250 to 211.290, inclusive, apply to the unconvicted person in the same manner as they apply to a convicted prisoner.
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Why is an Unconvicted Person Placed in Detention before Trial?
According to NRS 211.300, the approval of detention is regarded as legitimate when the court of jurisdiction determines there is reasonable suspicion of you having committed the underlying offense. The approval is made to prevent an individual from absconding, committing another crime or interfering with the process during the pending procedures. Another reason that may lead an individual to being placed under supervision is:
- They have conviction you may have committed similar offenses
- There is a high likelihood if released you may commit other offences before the trial date.
- They may be convinced you may interfere with witnesses.
- They may have the conviction to believe you might not turn up for the trial date.
Process for Assessing Whether to Grant Electronic Supervision
According to NRS 211.300, the court may determine depending on the crime that you committed whether to have you physically locked in a prison or put under electronic supervision. Also, the time you were put under electronic supervision when unconvicted, your response to conditions set may be considered whether you are eligible for electronic supervision. If after the judgment of your case you are found to qualify for the electronic supervision, the sheriff or chief of police may conclude you are fit and pose no risk to the public pursuant to NRS 211.250 here is the specific statute.
Unless the sentencing court otherwise orders in a particular case, the sheriff or chief of police may supervise a convicted prisoner electronically instead of confining the prisoner physically in the county or city jail if:
- The prisoner has a residential living situation which is capable of meeting the standards set in the general rules and individual conditions for electronic supervision; and
- The sheriff or chief of police concludes that electronic supervision poses no unreasonable risk to public safety.
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