Nevada Revised Statutes 176A.435 – Risk and needs assessment to be administered to each probationer to determine level of supervision and develop individualized case plans; subsequent assessments to determine whether to change level; exceptions to ad…
1. Except as otherwise provided in subsection 3, the Division shall administer a risk and needs assessment to each probationer under the Division’s supervision. The results of the risk and needs assessment must be used to set a level of supervision for each probationer and to develop individualized case plans pursuant to subsection 4. The risk and needs assessment must be administered and scored by a person trained in the administration of the tool.
Terms Used In Nevada Revised Statutes 176A.435
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
2. Except as otherwise provided in subsection 3, on a schedule determined by the appropriate risk and needs assessment tool, or more often if necessary, the Division shall administer a subsequent risk and needs assessment to each probationer. The results of the risk and needs assessment conducted in accordance with this section must be used to determine whether a change in the level of supervision is necessary. The Division shall document the reasons for maintaining or changing the level of supervision. If the Division changes the level of supervision, the Division shall notify the probationer of the change.
3. The provisions of subsections 1 and 2 are not applicable if:
(a) The level of supervision for the probationer is set by the court or by law; or
(b) The probationer is ordered to participate in a program of probation secured by a security bond pursuant to NRS 176A.300 to 176A.370, inclusive.
4. The Division shall develop an individualized case plan for each probationer. The case plan must include a plan for addressing the criminogenic risk factors identified on the risk and needs assessment, if applicable, and the list of responsivity factors that will need to be considered and addressed for each probationer.
5. Upon a finding that a term or condition of probation ordered pursuant to subsection 1 of NRS 176A.400 or the level of supervision set pursuant to this section does not align with the results of a risk and needs assessment administered pursuant to subsection 1 or 2:
(a) The supervising officer shall notify the court of the finding; and
(b) The court may modify the terms and conditions of probation pursuant to subsection 1 of NRS 176A.450.
6. The risk and needs assessment required under this section must undergo periodic validation studies in accordance with the timeline established by the developer of the assessment. The Division shall establish quality assurance procedures to ensure proper and consistent scoring of the risk and needs assessment.
7. As used in this section, ‘risk and needs assessment’ means a validated, standardized actuarial tool that identifies risk factors that increase the likelihood of a person reoffending and factors that, when properly addressed, can reduce the likelihood of a person reoffending.