Section 176A.630 - Assignment of case; consideration of alleged violation; revocation permitted upon finding violation; alternative actions; restitution for governmental expenses; technical violations1. If the probationer is arrested, by or without warrant, in another judicial district of this state, the court which granted the probation may assign the case to the district court of that district, with the consent of that court. The court retaining or thus acquiring jurisdiction shall cause the defendant to be brought before it and consider the system of graduated sanctions adopted pursuant to NRS 176A.510, if applicable. Upon determining that the probationer has violated a condition of probation, the court shall, if practicable, order the probationer to make restitution for any necessary expenses incurred by a governmental entity in returning the probationer to the court for violation of the probation. If the court finds that the probationer committed a violation of a condition of probation that is not a technical violation, the court may: (a) Continue or revoke the probation or suspension of sentence;(b) Order the probationer to a term of residential confinement pursuant to NRS 176A.660; (c) Order the probationer to undergo a program of regimental discipline pursuant to NRS 176A.780; (d) Cause the sentence imposed to be executed; or(e) Modify the original sentence imposed by reducing the term of imprisonment and cause the modified sentence to be executed. The court shall not make the term of imprisonment less than the minimum term of imprisonment prescribed by the applicable penal statute. If the Chief Parole and Probation Officer recommends that the sentence of a probationer be modified and the modified sentence be executed, the Chief Parole and Probation Officer shall provide notice of the recommendation to any victim of the crime for which the probationer was convicted who has requested in writing to be notified and who has provided a current address to the Division. The notice must inform the victim that he or she has the right to submit documents to the court and to be present and heard at the hearing to determine whether the sentence of a probationer who has violated a condition of probation should be modified. The court shall not modify the sentence of a probationer and cause the sentence to be executed until it has confirmed that the Chief Parole and Probation Officer has complied with the provisions of this paragraph. The Chief Parole and Probation Officer must not be held responsible when such notification is not received by the victim if the victim has not provided a current address. All personal information, including, but not limited to, a current or former address, which pertains to a victim and which is received by the Division pursuant to this paragraph is confidential.2. If the court finds that the probationer committed one or more technical violations of the conditions of probation and the Division has determined that the graduated sanctions adopted pursuant to NRS 176A.510 have been exhausted, the court may:(a) Continue the probation or suspension of sentence;(b) Order the probationer to a term of residential confinement pursuant to NRS 176A.660; (c) Temporarily revoke the probation or suspension of sentence and impose a term of imprisonment of not more than:(1) Thirty days for the first temporary revocation;(2) Ninety days for the second temporary revocation; or(3) One hundred and eighty days for the third temporary revocation; (d) Fully revoke the probation or suspension of sentence and impose imprisonment for the remainder of the sentence for a fourth or subsequent revocation ; or(e) Revoke the probation or suspension of sentence at the request of the probationer. If the probation or suspension of sentence is revoked pursuant to this paragraph, the probationer must serve such part of the unexpired maximum term or the maximum aggregate term, as applicable, of his or her original sentence as may be determined by the court.3. Notwithstanding any other provision of law, a probationer who is arrested and detained for committing a technical violation of the conditions of probation must be brought before the court not later than 15 calendar days after the date of arrest and detention. If the person is not brought before the court within 15 calendar days, the probationer must be released from detention and returned to probation status. Following a probationer's release from detention, the court may subsequently hold a hearing to determine if a technical violation has occurred. If the court finds that such a technical violation occurred, the court may:(a) Continue probation and modify the terms and conditions of probation; or(b) Fully or temporarily revoke probation in accordance with the provisions of subsection 2.4. A probationer who is arrested and detained for committing a technical violation of the conditions of probation must receive credit for any time served while the probationer is waiting for a hearing to determine if a technical violation has occurred. The court must apply such credit to any term of imprisonment imposed pursuant to subsection 2.5. Any time served by a probationer while waiting for a hearing, as set forth in subsection 4, and any time served in accordance with any term of imprisonment imposed pursuant to subsection 2 must be applied toward the original sentence of the probationer.6. The commission of one of the following acts by a probationer must not, by itself, be used as the only basis for the revocation of probation: (a) Consuming any alcoholic beverage.(b) Testing positive on a drug or alcohol test.(c) Failing to abide by the requirements of a mental health or substance use treatment program.(d) Failing to seek and maintain employment.(e) Failing to pay any required fines or fees.(f) Failing to report any changes in residence.7. As used in this section , "technical violation"
has the meaning ascribed to it in NRS 176A.510.
Added to NRS by 1977, 816; A 1987, 2229; 1989, 1855, 1887; 1993, 935; 1995, 1356; 1997, 3237; 2019, 4401; 2021, 2428, 3457Amended by 2023, Ch. 250,§5, eff. 7/1/2023, app. to a technical violation of the conditions of probation that occurs on or after 7/1/2023..Amended by 2021, Ch. 520,§11, eff. 10/1/2021.Amended by 2021, Ch. 389,§15, eff. 7/1/2021.Amended by 2019, Ch. 633,§35, eff. 7/1/2020.Added to NRS by 1977, 816; A 1987, 2229; 1989, 1855, 1887; 1993, 935; 1995, 1356; 1997, 3237