NRS 212.220 – Overview of Electronic Supervision Policies in Nevada
Electronic Supervision in Nevada is an alternative to “traditional” detention and the specific rules and regulations governing electronic supervision can be found in NRS 212.220. The court system puts an electronic GPS “bracelet” on your ankle to monitor your location rather than putting you in city or county jail.
It comes in different supervision levels. With a light supervision level, you may be permitted to travel anywhere. On a higher level, also known as “House Arrest,” you’re only allowed to attend court-approved activities but, otherwise, must stay in your home.
Types of Electronic Surveillance Used in Nevada
GPS Active Tracking Tether – This is the type most people think of when they think of electronic surveillance. It uses satellites to monitor your location and then reports your route to law enforcement or the monitoring company at set intervals. The tether allows for geofencing, which means “no-zones” can be programmed into the bracelet. Officers are alerted immediately if you enter an excluded area. The Las Vegas Metropolitan Police use Omnilink.
GPS Passive Tracker – This type tracks your activity the same way as the Active Tracker does, but it stores the information on the device so it can be downloaded the following day rather than transmitting it in real-time.
Breathalyzer Monitor – This is a random breathalyzer test that’s performed at home on command. The system contacts you at home, and you have a certain amount of time to breathe into the device, which takes your picture while you’re performing the test to confirm you’re not cheating. There are devices that attach to your cell phone.
Ignition Interlock – This is a breathalyzer that’s installed right into your vehicle. You must take the test before you can turn the ignition. If it detects alcohol, the engine won’t start.
SCRAM (Secure Remote Alcohol Monitoring) – This device is another tether (ankle bracelet). This one, though, monitors your alcohol levels through “transdermal monitoring.” It analyzes your skin every hour and notifies law enforcement if it detects alcohol.
Who Gets Put on Electronic Supervision in Nevada?
The following individuals could potentially be placed under electronic supervision. Though, to be eligible, an individual must not be an unreasonable risk to anyone’s safety to be eligible for electronic supervision.
Persons awaiting trial for a gross misdemeanor or felony;
Persons charged with a gross misdemeanor or felony; and
Persons convicted with a gross misdemeanor or felon
Rules on Electronic Supervision in Nevada
Besides following any conditions set forth by the courts, you must not tamper with the bracelet or monitoring equipment, and you must be where you’re supposed to be when you’re supposed to be there.
Ramifications of What Will Happen If Someone Breaks the Rules While on Electronic Supervision
If someone disobeys the rules and regulations set forth while under electronic supervision in Nevada, there’s a process that will be followed after your arrest:
First, you’ll be scheduled to stand before the court on a court violation;
You’ll be given a chance to represent yourself or have someone else speak on your behalf.
Then, they’ll make their decision:
If you have a good reason for breaking the rule you did, the court has the option of reinstating you. In this case, they’ll warn you not to violate again and release you back under Electronic Supervision.
They also have the option to put you back into the jail or prison for the remainder of your sentence.
Then you’ll have to face any penalties for breaking the rules. Any sentences for breaking the rules will follow the sentence you’re already serving.
Penalties for Breaking Nevada’s Electronic Monitoring Rules
If you’re awaiting trial for or guilty of a gross misdemeanor or felony and you:
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Are absent without leave – You’re guilty of a gross misdemeanor, which may result in a six-month jail sentence but could carry a maximum sentence of 364 days in jail and $2,000 in fines.
Attempt to or do disable or remove the monitoring device – You’re guilty of a gross misdemeanor.
If you’re being monitored, you’re awaiting trial for or guilty of a misdemeanor, and you:
Are absent without leave – You’re guilty of a misdemeanor. A misdemeanor can lead to jail time and fines of up to $1,000!
Attempt to or doe disable or remove the monitoring device – You’re guilty of a misdemeanor. You’ll also have to pay to fix or replace the equipment.
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