Electronic supervision is used in Nevada as an alternative to physical confinement in a detention facility such as a city or county jail. NRS 212.220 outlines the rules and regulations for how electronic supervision can be conducted and under which circumstances it may be appropriate.
Types of Electronic Supervision Devices
Devices used in electronic supervision are often those that monitor one’s physical location or alcohol consumption. Read below to learn more about these different types of trackers.
GPS Active Tracking Tether
This method of electronic supervision involves placing a GPS-enabled bracelet onto someone’s ankle so that authorities can monitor their physical location 24/7.
Supervision can come in varying levels of severity. Under light supervision, for example, authorities may just want to keep tabs on someone’s location, but they are not prohibited from going anywhere. Higher levels of supervision may prohibit them from coming within a certain distance of specific locations (geofencing) or may place you under house arrest, where you must stay in your home except to attend court-approved activities.
When a geofence is triggered, authorities are alerted and routed to the location on the GPS monitor to intervene.
Passive GPS Tracker
These track GPS data just as an active GPS tracker would, but instead of providing the information in real-time, they store it onboard for downloading at a later time.
Breathalyzer Monitor
Some people may be subjected to mandatory random breathalyzer tests at home. This is done with devices that must be blown into within a certain period of time to measure blood-alcohol content. The device also takes a picture when in use to verify who is blowing into it. Versions of this device exist as cell phone attachments for convenience.
Ignition Interlock
When a breathalyzer is installed in a vehicle’s ignition system, this is known as an ignition interlock device. The user must blow into the device before the car can be started. If the device detects alcohol, the vehicle won’t start.
Secure Remote Alcohol Monitoring (SCRAM)
This device is an ankle bracelet that monitors alcohol levels through the skin, or transdermal monitoring. It works by analyzing one’s skin at regular intervals and pings law enforcement when it detects alcohol.
Who Is Subject to Electronic Supervision in Nevada?
Electronic supervision is generally viewed as a favorable alternative to sending someone to jail. Despite rules concerning where one can or can’t go and whether or not one can consume alcohol, people under electronic supervision are at least free to live their lives at home.
Because of this, the following must apply to the individual:
- Not be considered an unreasonable risk to anyone else’s safety
- Charged with a serious misdemeanor or felony
- Awaiting trial for a serious misdemeanor or felony
- Convicted of a serious misdemeanor or felony
What Happens When Monitoring Rules Are Broken?
When someone is under electronic surveillance, they are prohibited from tampering with their monitoring device and are compelled to comply with the terms of the supervision. Failing to do so can come with several important consequences and penalties.
Once someone has violated the terms of their supervision, they will be arrested and scheduled to appear before the court. During this hearing, the individual can explain why they violated the monitoring rules. If the court is satisfied with the explanation, it may issue a warning and reinstate the monitoring. If not, it may send you to jail to serve out the remainder of the monitoring period.
Penalties for Violating Monitoring Rules
Unfortunately, getting sent to jail to finish a sentence or await trial isn’t the worst that can happen. There are additional penalties the court can apply to account for violating the monitoring rules.
If someone is awaiting trial or found guilty of a serious misdemeanor or felony, breaking electronic surveillance terms can result in up to a year in jail (in addition to any time for a previous conviction) and up to $2,000 in fines.
If someone violated monitoring rules while awaiting trial or after being convicted of a misdemeanor, they could face up to six months in jail and $1,000 in fines.
Attempting to remove or disable the monitoring device is also a misdemeanor, which means it can be punished by up to a year in jail. If the equipment was broken, the individual must also afford the cost to fix or replace it.
Do You Need Legal Assistance?
If you or someone you love is forced to comply with electronic surveillance measures or has broken the terms of their monitoring, they need legal assistance to defend them. At Law Office of David R. Fischer, we can help people who are trying to avoid going to jail by seeking electronic monitoring alternatives as well as support them when they are accused of violating the rules for these devices.
Learn more about what we can do for you by scheduling a consultation. Contact us online or call "> today to get in touch with the Law Office of David R. Fischer today!