AB16 - Revises provisions relating to probation. (BDR 14-160)

A.B. 16 - *AB16* ASSEMBLY BILL NO. 16–COMMITTEE ON JUDICIARY (ON BEHALF OF THE DIVISION OF PAROLE AND PROBATION OF THE DEPARTMENT OF PUBLIC SAFETY) PREFILED OCTOBER 28, 2026 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to probation. (BDR 14-160) FISCAL NOTE: Effect on Local Government: No. Effect on the State: No. Effect on the State Highway Fund: No. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to probation; requiring certain periods of probation or suspension of sentence to run concurrently; revising provisions governing deductions from periods of probation; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law authorizes a court to suspend a sentence, place a defendant on 1 probation and extend or terminate a period of probation or suspension of sentence. 2 (NRS 176A.100, 176A.500) Section 1 of this bill requires any period of probation 3 or suspension of sentence ordered by a court to run concurrently, not consecutively, 4 with any other period of probation or suspension of sentence ordered by the court. 5 Existing law requires that a person who is sentenced to serve a period of 6 probation for a felony or gross misdemeanor be allowed for the period of probation 7 a deduction of a certain number of days from that period for each month served if 8 the person complies with certain conditions. (NRS 176A.500) Section 1 clarifies 9 that those deductions apply regardless of whether the period of probation is fixed or 10 indeterminate. 11 – 2 – - *AB16* THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 176A.500 is hereby amended to read as 1 follows: 2 176A.500 1. Except as otherwise provided in subsection 2, 3 the period of probation or suspension of sentence may be 4 indeterminate or may be fixed by the court and may at any time be 5 extended or terminated by the court, but the period, including any 6 extensions thereof, must run concurrently, not consecutively, with 7 any other period of probation or suspension of sentence ordered 8 by the court and must not be more than: 9 (a) Twelve months for a: 10 (1) Gross misdemeanor; or 11 (2) Suspension of sentence pursuant to NRS 176A.240, 12 176A.260, 176A.290 or 453.3363; 13 (b) Eighteen months for a category E felony; 14 (c) Twenty-four months for a category C or D felony; 15 (d) Thirty-six months for a category B felony; or 16 (e) Notwithstanding the provisions of paragraphs (a) to (d), 17 inclusive, 60 months for a violent or sexual offense as defined in 18 NRS 202.876, a violation of NRS 200.508 or a violation of NRS 19 574.100 that is punishable pursuant to subsection 6 of that section. 20 2. The court may extend the period of probation or suspension 21 of sentence ordered pursuant to subsection 1 for a period of not 22 more than 12 months if such an extension is necessary for the 23 defendant to complete his or her participation in a specialty court 24 program. 25 3. At any time during probation or suspension of sentence, the 26 court may issue a warrant for violating any of the conditions of 27 probation or suspension of sentence and cause the defendant to be 28 arrested. Except for the purpose of giving a dishonorable discharge 29 from probation, and except as otherwise provided in this subsection, 30 the time during which a warrant for violating any of the conditions 31 of probation is in effect is not part of the period of probation. If the 32 warrant is cancelled or probation is reinstated, the court may include 33 any amount of that time as part of the period of probation. 34 4. Any parole and probation officer or any peace officer with 35 power to arrest may arrest a probationer without a warrant, or may 36 deputize any other officer with power to arrest to do so by giving the 37 probationer a written statement setting forth that the probationer has, 38 in the judgment of the parole and probation officer, violated the 39 conditions of probation. Except as otherwise provided in subsection 40 5, the parole and probation officer or the peace officer, after making 41 an arrest, shall present to the detaining authorities, if any, a 42 – 3 – - *AB16* statement of the charges against the probationer. The parole and 1 probation officer shall at once notify the court which granted 2 probation of the arrest and detention or residential confinement of 3 the probationer and shall submit a report in writing showing in 4 what manner the probationer has violated the conditions of 5 probation. 6 5. A parole and probation officer or a peace officer may 7 immediately release from custody without any further proceedings 8 any person the officer arrests without a warrant for violating a 9 condition of probation if the parole and probation officer or peace 10 officer determines that there is no probable cause to believe that the 11 person violated the condition of probation. 12 6. A person who is sentenced to serve a period of probation for 13 a felony or a gross misdemeanor must , regardless of whether the 14 period of probation is fixed or indeterminate, be allowed for the 15 period of the probation a deduction of: 16 (a) Ten days from that period for each month the person serves 17 and is current with any fee to defray the costs of his or her 18 supervision charged by the Division of Parole and Probation of the 19 Department of Public Safety pursuant to NRS 213.1076 and with 20 any payment of restitution ordered by the court, including, without 21 limitation, any payment of restitution required pursuant to NRS 22 176A.430. A person shall be deemed to be current with any such fee 23 and payment of restitution for any given month if, during that 24 month, the person makes at least the minimum monthly payment 25 established by the court or, if the court does not establish a 26 minimum monthly payment, by the Division. 27 (b) Except as otherwise provided in subsection 8, 10 days from 28 that period for each month the person serves and is actively involved 29 in employment or enrolled in a program of education, rehabilitation 30 or any other program approved by the Division. 31 7. A person must be allowed a deduction pursuant to paragraph 32 (a) or (b) of subsection 6 regardless of whether the person has 33 satisfied the requirements of the other paragraph and must be 34 allowed a deduction pursuant to paragraphs (a) and (b) of subsection 35 6 if the person has satisfied the requirements of both paragraphs of 36 that subsection. 37 8. A person who is sentenced to serve a period of probation for 38 a felony or a gross misdemeanor and who is a participant in a 39 specialty court program must be allowed a deduction from the 40 period of probation for being actively involved in employment or 41 enrolled in a program of education, rehabilitation or any other 42 program approved by the Division only if the person successfully 43 completes the specialty court program. Such a deduction must not 44 – 4 – - *AB16* exceed the length of time remaining on the person’s period of 1 probation. 2 H