Director to assign offender to serve term of residential confinement under certain circumstances; offender who fails to complete program or who violates terms or conditions of residential confinement forfeits credits earned to reduce sentence.
1. Except as otherwise provided in subsection 6, the Director shall assign an offender to the custody of the Division of Parole and Probation of the Department of Public Safety to serve a term of residential confinement, pursuant to NRS 213.380, for not longer than the remainder of the maximum term of his sentence if:
(a) The offender has:
(1) Established a position of employment in the community;
(2) Enrolled in a program for education or rehabilitation; or
(3) Demonstrated an ability to pay for all or part of the costs of his confinement and to meet any existing obligation for restitution to any victim of his crime;
(b) The offender has successfully completed the initial period of treatment required under the program of treatment established pursuant to NRS 209.425; and
(c) The Director believes that the offender will be able to:
(1) Comply with the terms and conditions required under residential confinement; and
(2) Complete successfully the remainder of the program of treatment while under residential confinement.
Ê If an offender assigned to the program of treatment pursuant to NRS 209.427 completes the initial phase of the program and thereafter refuses to enter the remainder of the program of treatment pursuant to this section, the offender forfeits all or part of the credits earned by him to reduce his sentence pursuant to this chapter before this refusal, as determined by the Director. The Director may provide for a forfeiture of credits pursuant to this paragraph only after proof of the offense and notice to the offender and may restore credits forfeited for such reasons as he considers proper. The decision of the Director regarding such a forfeiture is final.
2. Before a person may be assigned to serve a term of residential confinement pursuant to this section, he must submit to the Division of Parole and Probation a signed document stating that:
(a) He will comply with the terms or conditions of his residential confinement; and
(b) If he fails to comply with the terms or conditions of his residential confinement and is taken into custody outside of this State, he waives all his rights relating to extradition proceedings.
3. If an offender assigned to the custody of the Division of Parole and Probation pursuant to this section escapes or violates any of the terms or conditions of his residential confinement:
(a) The Division of Parole and Probation may, pursuant to the procedure set forth in NRS 213.410, return the offender to the custody of the Department.
(b) The offender forfeits all or part of the credits earned by him to reduce his sentence pursuant to this chapter before the escape or violation, as determined by the Director. The Director may provide for a forfeiture of credits pursuant to this paragraph only after proof of the offense and notice to the offender and may restore credits forfeited for such reasons as he considers proper. The decision of the Director regarding forfeiture of credits is final.
4. The assignment of an offender to the custody of the Division of Parole and Probation pursuant to this section shall be deemed:
(a) A continuation of his imprisonment and not a release on parole; and
(b) For the purposes of NRS 209.341, an assignment to a facility of the Department,
Ê except that the offender is not entitled to obtain any benefits or to participate in any programs provided to offenders in the custody of the Department.
5. A person does not have a right to be assigned to the custody of the Division of Parole and Probation pursuant to this section, or to remain in that custody after such an assignment, and it is not intended that the provisions of this section or of NRS 213.371 to 213.410, inclusive, create any right or interest in liberty or property or establish a basis for any cause of action against the State, its political subdivisions, agencies, boards, commissions, departments, officers or employees.
6. The Director shall not assign an offender who is serving a sentence for committing a battery which constitutes domestic violence pursuant to NRS 33.018 to the custody of the Division of Parole and Probation to serve a term of residential confinement unless the Director makes a finding that the offender is not likely to pose a threat to the victim of the battery.
Last modified: February 26, 2006