Electronic monitoring is a way Nevada criminal courts can keep you out of jail on a suspended sentence while still supervising you.
Not every case is eligible for electronic monitoring, but a skilled Las Vegas criminal defense attorney may be able to persuade the judge to impose it in lieu of incarceration.
The following flowchart summarizes the electronic monitoring process in Nevada:
This page describes how electronic monitoring works in Las Vegas, Nevada. It also explains how SCRAM alcohol detection devices operate. Scroll down to learn more.
What is electronic monitoring?
Electronic monitoring is a type of alternative incarceration where you wear a GPS-type ankle bracelet so law enforcement can keep track of your whereabouts. Depending on your case, Nevada judges may allow you to serve some or even all of your sentence outside of jail as long as you abide by all the rules of electronic monitoring such as:
- going to rehab and submitting to drug testing,
- completing community service,
- avoiding certain locations, such as the victim’s residence,
- keeping curfews, and/or
- paying fines and fees.
In some cases, you are free go nearly anywhere. In other cases, the judge may order house arrest, which is when you are required to stay home at all times except for any court-sanctioned exceptions, such as going to:
- work,
- court,
- counseling or
- the doctor.
Am I eligible?
It depends on the case. Your attorney usually has to request electronic monitoring, and then the judge has the discretion whether to grant it.
Electronic monitoring is more common if you are in a rehabilitation program or on probation after serving prison for a sex offense. It is a way the courts can keep tabs on you as you reintegrate into society.
Nevada judges consider several factors when deciding whether to grant electronic surveillance, such as:
- whether you have violent tendencies,
- whether you have been involved with the sale or trafficking of drugs,
- whether you are associated with a gang,
- your mental health, and
- whether you have a history of substance abuse.
Learn more about eligibility at the Nevada Department of Public Safety, Division of Parole and Probation’s Intensive Supervision Unit.
How does it work?
You are outfitted with a high-tech ankle bracelet that allows the Las Vegas Metropolitan Police to continually monitor your whereabouts. The ankle bracelet is programmed to signal law enforcement if you ever either:
- tamper with the bracelet,
- venture into prohibited locations (“exclusion zones”), or
- break curfew.
Note that you have to pay for all costs to use electronic monitoring. There is usually a one-time setup fee of about $100 and a smaller daily monitoring fee.
What is the penalty for violating electronic surveillance rules?
If the judge determines you violated your terms of electronic surveillance, the judge has various options for punishment. Depending on the case, the judge may either:
- give you a warning,
- punish you with some jail time or other penalties, or
- revoke your electronic monitoring privilege and send you to jail or Nevada State Prison for the remainder of your sentence.
What is SCRAM?
SCRAM is a type of electronic surveillance that monitors not location but rather alcohol level. Judges normally mandate SCRAMs in cases where you were convicted of drunk driving and have been ordered into an alcohol rehabilitation program.
A SCRAM device is also an ankle bracelet. It uses “transdermal monitoring” to detect whether you ingested any alcohol and then notifies law enforcement.
If the judge decides that you violated court orders by drinking alcohol, the judge may send you to jail.
Government Resources
For more detailed information on specific electronic monitoring programs, refer to these official local, state, and federal government websites:
- Clark County: House Arrest – Detailed questions-and-answers on how the Clark County Detention Center “electronic monitoring program” works.
- Washoe County: House Arrest/ Electronic Monitoring – Explanation of how defendants in Washoe County can remain out of custody on bail or on probation while being electronically monitored.
- Nevada State Police Parole and Probation: Residential Confinement – Overview of various electronic monitoring protocols for Nevada State Prison parolees and probationers.
- Nevada State Police Parole and Probation: Pre-Release Unit – Overview of how some Nevada State Prison inmates get transferred to residential confinement programs that require electronic monitoring.
- United States Probation Office District of Nevada: Location Monitoring – Guide to how federal defendants on probation in Nevada may remain out of prison with electronic monitoring.