After conviction of criminal offenses in Nevada, a number of different potential consequences and penalties could be imposed upon a defendant. One penalty which is a possible option in certain circumstances is a requirement to complete a Program of Regimental Discipline. Failure to complete the Program of Regimental Discipline can result in incarceration, so it is very important for defendants to understand what these programs entail.
Avoiding probation and other penalties is the top goal of people accused of a criminal act, so contacting a Las Vegas defense attorney should be done as early as possible following an arrest and anticipated prosecution. However, it is never too late to get legal advice if you wish to try to minimize penalties and keep your involvement with the criminal justice system as brief as possible. As a result, you may wish to consider speaking with an attorney if you are facing the possibility of probation and/or the possibility of required completion of a Program of Regimental Discipline.
LV Criminal Defense understands the Nevada sentencing and probation process. We can provide help at all phases of your involvement with the Nevada courts, the Department of Corrections, or the Division of Parole and Probation. Give us a call now to find out more.
There is a section of the Nevada Code of Criminal Procedure which defines a Program of Regimental Discipline and which details when such a program may be utilized. The statutes within the code section include Nevada Revised Statute 176A.770 and Nevada Revised Statute 176.780.
N.R.S. 176A.770 makes clear that a program of regimental discipline should be used as an alternative to imprisonment, rather than as an alternative to probation. Someone who would normally be sentenced to time in jail can, instead, be sentenced to a program of regimental discipline.
As the Nevada Department of Corrections (DOC) indicates, a Program of Regimental Discipline is also referred to as a “boot camp.” Offenders can be ordered to spend time at these boot camps, such as the DOC-run camp called the Indian Springs Conservation Camp.
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At the Camp, attendees are “treated to a military lifestyle.” They receive training in education and life skills and extensive physical training. They are also obliged to do manual labor while attending the Program. At the close of their time in the Program, the offender is returned to the Court with a recommendation of either incarceration or probation.
There are also religious programs which are located in both the Southern and Northern regions of Nevada and which are coordinated by a Chaplain.
N.R.S. 176A.780 explains the circumstances under which a defendant can be ordered to attend a Program of Regimental Discipline. These programs are an option for males who are 18 or older and who have not yet spent more than a total of 365 days in jail over the course of their lifetime. The offenders must never have been incarcerated in prison, and they must have been convicted of a felony but not one that involved violence. There is a narrow exception which allows some offenders convicted of a violent felony to attend a Program of Residential Discipline if the District Attorney stipulates to the offender’s eligibility.
The court can order that the offender complete a Program for 150 days instead of sentencing a defendant or instead of executing a sentence upon a defendant who violated the terms of his probation or parole.
When the court orders the defendant to attend a Program, the defendant will be placed under the supervision of the DOC Director for a maximum total of 190 days. Up to the first 30 days of this period of time can be used by the Director to determine if the defendant should actually be eligible to participate in the Program of Regimental Discipline. If the defendant is found ineligible, he must be returned to court within 30 days of the time he was placed under the Director’s control.
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If a defendant is ordered to participate in the Program, he must be returned to court within 150 days of actually beginning the program. When he comes back to court, the Director either must certify he satisfactorily completed the Program or should make a report of how and why the defendant fell short. This report will determine what the appropriate sentence should be if the defendant failed to complete the Program. Time which is spent by the defendant in the program can count as time served.
If the defendant had been ordered to complete the Program after violating a probation condition, failure to complete the Program can constitute a probation violation which results in the defendant being returned to court for consequences to be imposed.
Being sentenced to boot camp, or a Program of Regimental Discipline, is often something which defendants want to avoid happening. However, in many cases, defendants will find that a requirement to complete boot camp can be preferable to being incarcerated. Defendants need to understand when and if a sentence of boot camp is a possibility and should work with their attorneys to determine if trying to convince the court to impose this sentence is a good option or a bad one.
Defendants should also make sure they understand what is involved in complying with the terms of their probation, and what is involved with the successful completion of a Program of Regimental Discipline. You want to try to avoid being sentenced to the Program as a result of a probation violation, and you want to avoid an adverse recommendation once you have been ordered to attend a program.
Nick Wooldridge understands the entirety of the process of arguing for a lenient sentence and the process of dealing with an order to attend a Program of Regimental Discipline. LV Criminal Defense will provide invaluable help to defendants who are facing such a program as a possibility for them.
Give us a call or contact us online to learn more about how our knowledge and experience can benefit you as you face serious consequences including a potential boot camp requirement.