Nevada Revised Statute 176A.500 limits probation to 12 months for gross misdemeanors, 18 months for category E felonies, 24 months for category D– and C felonies, 36 months for category B felonies, and 60 months for child abuse and certain violent and sexual offenses. In gross misdemeanor and felony cases, the court deducts 10 days from the probation sentence for every month the defendant successfully serves probation.
The full text of the statute reads as follows:
NRS 176A.500. 1. Except as otherwise provided in subsection 2, the period of probation or suspension of sentence may be indeterminate or may be fixed by the court and may at any time be extended or terminated by the court, but the period, including any extensions thereof, must not be more than:
(a) Twelve months for a:
(1) Gross misdemeanor; or
(2) Suspension of sentence pursuant to NRS 176A.240, 176A.260, 176A.290 or 453.3363.
(b) Eighteen months for a category E felony;
(c) Twenty-four months for a category C or D felony;
(d) Thirty-six months for a category B felony; or
(e) Notwithstanding the provisions of paragraphs (a) to (d), inclusive, 60 months for a violent or sexual offense as defined in NRS 202.876 or a violation of NRS 200.508.
2. The court may extend the period of probation or suspension of sentence ordered pursuant to subsection 1 for a period of not more than 12 months if such an extension is necessary for the defendant to complete his or her participation in a specialty court program.
3. At any time during probation or suspension of sentence, the court may issue a warrant for violating any of the conditions of probation or suspension of sentence and cause the defendant to be arrested. Except for the purpose of giving a dishonorable discharge from probation, and except as otherwise provided in this subsection, the time during which a warrant for violating any of the conditions of probation is in effect is not part of the period of probation. If the warrant is cancelled or probation is reinstated, the court may include any amount of that time as part of the period of probation.
4. Any parole and probation officer or any peace officer with power to arrest may arrest a probationer without a warrant, or may deputize any other officer with power to arrest to do so by giving the probationer a written statement setting forth that the probationer has, in the judgment of the parole and probation officer, violated the conditions of probation. Except as otherwise provided in subsection 5, the parole and probation officer or the peace officer, after making an arrest, shall present to the detaining authorities, if any, a statement of the charges against the probationer. The parole and probation officer shall at once notify the court which granted probation of the arrest and detention or residential confinement of the probationer and shall submit a report in writing showing in what manner the probationer has violated the conditions of probation.
5. A parole and probation officer or a peace officer may immediately release from custody without any further proceedings any person the officer arrests without a warrant for violating a condition of probation if the parole and probation officer or peace officer determines that there is no probable cause to believe that the person violated the condition of probation.
6. A person who is sentenced to serve a period of probation for a felony or a gross misdemeanor must be allowed for the period of the probation a deduction of:
(a) Ten days from that period for each month the person serves and is current with any fee to defray the costs of his or her supervision charged by the Division of Parole and Probation of the Department of Public Safety pursuant to NRS 213.1076 and with any payment of restitution ordered by the court, including, without limitation, any payment of restitution required pursuant to NRS 176A.430. A person shall be deemed to be current with any such fee and payment of restitution for any given month if, during that month, the person makes at least the minimum monthly payment established by the court or, if the court does not establish a minimum monthly payment, by the Division.
(b) Except as otherwise provided in subsection 8, 10 days from that period for each month the person serves and is actively involved in employment or enrolled in a program of education, rehabilitation or any other program approved by the Division.
7. A person must be allowed a deduction pursuant to paragraph (a) or (b) of subsection 6 regardless of whether the person has satisfied the requirements of the other paragraph and must be allowed a deduction pursuant to paragraphs (a) and (b) of subsection 6 if the person has satisfied the requirements of both paragraphs of that subsection.
8. A person who is sentenced to serve a period of probation for a felony or a gross misdemeanor and who is a participant in a specialty court program must be allowed a deduction from the period of probation for being actively involved in employment or enrolled in a program of education, rehabilitation or any other program approved by the Division only if the person successfully completes the specialty court program. Such a deduction must not exceed the length of time remaining on the person’s period of probation.
NRS 176A.500 sets the maximum term of probation for Nevada crimes. The more serious the offense, the longer the probation:
Maximum length of probation
|Gross misdemeanor||12 months|
|Category E felony||18 months|
|Category D felony||24 months|
|Category C felony||24 months|
|Category B felony||36 months|
|Violent or sexual offenses (as defined by NRS 202.876) or child abuse, neglect, or endangerment||60 months1|
For every month a defendant successfully serves probation for a felony or gross misdemeanor offense, the court will deduct 10 days from the probation period. And if the defendant successfully completes a diversion program (such as DUI Court), the court can terminate probation right away. But if the defendant needs more time to complete the terms of probation, the court can extend the length by up to 12 months.2
Defendants who allegedly violate the terms of their probation risk having a warrant issued for their arrest and jailed until their probation revocation hearing. If the judge at the hearing finds that the defendant did indeed violate probation, the judge can revoke probation and remand the defendant to jail or prison to serve out the remainder of the sentence. But in some cases, judges give defendants a second chance to remain on probation.3
- NRS 176A.500 – Authority of court to fix duration; limitations; arrest for alleged violation; powers and duties of peace officers; deduction of days. See also Cassinelli v. State, 131 Nev. 606, 357 P.3d 349, 131 Nev. Adv. Rep. 62.
- Same. See also Wicker v. State, 111 Nev. 43, 888 P.2d 918, 111 Nev. Adv. Rep. 6.