1. 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, consider the standards adopted pursuant to NRS 213.10988 and system of graduated sanctions adopted pursuant to NRS 176A.510, as applicable, and the recommendation, if any, of the Chief Parole and Probation Officer. 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 by committing a new felony or gross misdemeanor, battery which constitutes domestic violence pursuant to NRS 200.485, violation of NRS 484C.110 or 484C.120, crime of violence as defined in NRS 200.408 that is punishable as a misdemeanor, harassment pursuant to NRS 200.571, stalking or aggravated stalking pursuant to NRS 200.575, violation of a stay away order involving a natural person who is the victim of the crime for which the probationer is being supervised, violation of a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591 or a temporary or extended order for protection against sexual assault pursuant to NRS 200.378 or by absconding, 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, 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; or
(d) Fully revoke the probation or suspension of sentence and impose imprisonment for the remainder of the sentence for a fourth or subsequent revocation.
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. 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.
5. As used in this section:
(a) "Absconding" means that a person is actively avoiding supervision by making his or her whereabouts unknown to the Division for a continuous period of 60 days or more.
(b) "Technical violation" means any alleged violation of the conditions of probation that does not constitute absconding and is not the commission of a:
(1) New felony or gross misdemeanor;
(2) Battery which constitutes domestic violence pursuant to NRS 200.485;
(3) Violation of NRS 484C.110 or 484C.120;
(4) Crime of violence as defined in NRS 200.408 that is punishable as a misdemeanor;
(5) Harassment pursuant to NRS 200.571 or stalking or aggravated stalking pursuant to NRS 200.575;
(6) Violation of a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591 or a temporary or extended order for protection against sexual assault pursuant to NRS 200.378; or
(7) Violation of a stay away order involving a natural person who is the victim of the crime for which the probationer is being supervised.
The term does not include termination from a specialty court program.
(Added to NRS by 1977, 816; A 1987, 2229; 1989, 1855, 1887; 1993, 935; 1995, 1356; 1997, 3237; 2019, 4401, effective July 1, 2020)