If you violated the terms of your parole, it is possible that you could be ordered to serve time in residential confinement. On the surface, this is definitely a preferable option to being sent back to a Nevada jail or prison, but keep in mind that the confinement comes with strict requirements you must adhere to at all times.
According to NRS 213.15193, a parolee who violates the terms of their parole could be ordered to serve time in residential confinement. However, this option is typically only available to non-violent offenders since one of the statutory requirements is that do not pose any danger to the community.
Pursuant to NRS 213.15193, there are two main requirements when you are ordered to serve time under residential confinement. The specific statutory language is as follows:
In ordering the residential confinement of a parolee, the Chief shall:
(a)Require the parolee to be confined to his or her residence during the time the parolee is away from his or her employment, community service or other activity authorized by the Division; and
(b)Require intensive supervision of the parolee, including, without limitation, unannounced visits to his or her residence or other locations where the parolee is expected to be to determine whether the parolee is complying with the terms of his or her confinement.
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According to NRS 213.15193, parolees, who are eligible for residential confinement, have to be supervised with the electronic device, to monitor their whereabouts, without being intrusive of their privacy. The device can record, transmit information, send still visual images, record crime scene or prohibited area. However, the device must not do two things pursuant NRS 213.15193 section (3) below:
(a)Oral or wire communications or any auditory sound; or
(b)Information concerning the activities of the parolee,
What is Chief Limitation towards Parolee Resident Confinement under Nevada Law?
According to NRS 213.15193, the chief cannot place a parolee under resident confinement if they have not agreed to the order. Therefore, the chief can only proceed with the home confinement after the parolee’s consent of the decision.
When I initially met with Mr. Wooldridge, he took the opportunity to sit and go over my problem with me. He described details in my case which he found disturbing and explained why he I should have him on my side.
According to NRS 213.15193, any residential confinement should never go beyond unexpired maximum term of the original sentence given to the parolee.
As mentioned earlier, someone can only be eligible for residential confinement if they do not pose a risk to public safety. The Nevada legislature determined that, as a general rule, someone convicted of battery poses a safety risk and included a provision within NRS 213.15193 prohibiting battery convicts from being placed under residential confinement. Here is the specific statutory language:
The Chief shall not order a parolee who is serving a sentence for committing a battery which constitutes domestic violence pursuant to NRS 33.018 to be placed in residential confinement unless the Chief makes a finding that the parolee is not likely to pose a threat to the victim of the battery.
According to NRS 213.15198, the privilege of resident confinement may be terminated by the Chief Parole and Probation Officer if the parolee violates the given conditions or becomes a threat to the community. The Parolee may be taken to a County Jail, awaiting for an inquiry about the violation.
If you or a loved one is being accused of violating the terms of your residential confinement, speak to an experienced Las Vegas criminal defense lawyer with our firm today.