Residential confinement of violator of parole: Authority of Board; requirements; electronic supervision.
1. Except as otherwise provided in subsection 6, if a parolee violates a condition of his parole, the Board may order him to a term of residential confinement in lieu of suspending his parole and returning him to confinement. In making this determination, the Board shall consider the criminal record of the parolee and the seriousness of the crime committed.
2. In ordering the parolee to a term of residential confinement, the Board shall:
(a) Require the parolee to be confined to his residence during the time he is away from his 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 residence or other locations where he is expected to be in order to determine whether he is complying with the terms of his confinement.
3. An electronic device approved by the Division may be used to supervise a parolee ordered to a term of residential confinement. The device must be minimally intrusive and limited in capability to recording or transmitting information concerning the presence of the parolee at his residence, including, but not limited to, the transmission of still visual images which do not concern the activities of the person while inside his residence. A device which is capable of recording or transmitting:
(a) Oral or wire communications or any auditory sound; or
(b) Information concerning the activities of the parolee while inside his residence,
Ê must not be used.
4. The Board shall not order a parolee to a term of residential confinement unless he agrees to the order.
5. A term of residential confinement may not be longer than the unexpired maximum term of the original sentence of the parolee.
6. The Board shall not order a parolee who is serving a sentence for committing a battery which constitutes domestic violence pursuant to NRS 33.018 to a term of residential confinement unless the Board makes a finding that the parolee is not likely to pose a threat to the victim of the battery.
Last modified: February 26, 2006