NRS
176A.400 Imposition by court; alternative programs or treatment;
prohibition on suspending term of imprisonment; placement under supervision of
Chief Parole and Probation Officer.
1. In issuing an order granting probation,
a suspended sentence or a deferred sentence pursuant to NRS 176.211, the court may fix the terms
and conditions thereof, including, without limitation:
(a) A requirement for restitution;
(b) An order that the probationer dispose of all
the weapons the probationer possesses; or
(c) Any reasonable conditions to protect the
health, safety or welfare of the community or to ensure that the probationer
will appear at all times and places ordered by the court, including, without
limitation:
(1) Requiring the probationer to remain in
this State or a certain county within this State;
(2) Prohibiting the probationer from
contacting or attempting to contact a specific person whom the probationer is
prohibited from contacting by court order or from causing or attempting to
cause another person to contact that person on the probationer’s behalf;
(3) Prohibiting the probationer from
entering a certain geographic area; or
(4) Prohibiting the probationer from
engaging in specific conduct that is harmful to the probationer’s own health,
safety or welfare, or the health, safety or welfare of another person.
2. In issuing an order granting probation,
a suspended sentence or a deferred sentence pursuant to NRS 176.211 to a person who is found guilty
of a category C, D or E felony, the court may require the person as a condition
of probation to participate in and complete to the satisfaction of the court
any alternative program, treatment or activity deemed appropriate by the court,
including, without limitation, any specialty court program.
3. The court shall not suspend the
execution of a sentence of imprisonment after the defendant has begun to serve
it.
4. In placing any defendant on probation
or in granting a defendant a suspended or deferred sentence, the court shall
direct that the defendant be placed under the supervision of the Chief Parole
and Probation Officer.
(Added to NRS by 1991,
2043; A 1995,
1250; 1997,
3357; 2019,
4398)
Notes of Decisions
Cited in
9
cases (
4 in the last 5 years), 2001–2026 · leading case:
Mangarella v. State, 17 P.3d 989 (Nev. 2001).
Mangarella v. State, 17 P.3d 989 (Nev. 2001).
· cites it 2× “410(1) provides, in relevant part, that: Except as otherwise provided in subsection 2, if a defendant is convicted of a sexual offense and the court grants probation or suspends the sentence, the court shall, in addition to any other condition ordered pursuant to NRS 176A.400,…”
Savage v. Third Jud. Dist. Court, 200 P.3d 77 (Nev. 2009).
· cites it 2× “100 broadly authorizes the district court to place an offender on probation, and NRS 176A.400(2) gives the district court the authority to impose conditions of probation, including the power to “require the person as a condition of probation to participate in and complete to the…”
Haney v. State, 185 P.3d 350 (Nev. 2008).
“21 Under NRS 176A.400, the district court has broad discretion to fix terms and conditions of probation.”
Aldape v. State, 535 P.3d 1184 (Nev. 2023).
· cites it 10× “should be imposed under its discretionary authority in NRS 176A.400, because it is not adequately briefed.”
Engle (julie) v. Dist. Ct. (state) (Crim.), 142 Nev. Adv. Op. No. 30 (Nev. 2026).
· cites it 2× “NRS 176A.400(1)(a). In such a case, the failure to pay restitution is a violation of probation “unless the defendant’s failure was caused by economic hardship resulting in his or her inability to pay the amount due.”
Coleman v. State, 2014 NV 22 (Nev. 2014).
· cites it 2× “The special sentence of lifetime supervision "commences after any period of probation or any term of imprisonment and any period of 2 Compare NRS 176A.400(1) (providing nonexhaustive list of conditions that may be imposed on probationer), NRS 176A.”
Baker (Joey) Vs. State, 488 P.3d 579 (Nev. 2021).
“420 (2020), which allows the district court to drug test persons on probation, is unconstitutional insofar as it prohibits medical marijuana use.”
Engle (julie) v. Dist. Ct. (state) (Crim.), 142 Nev. Adv. Op. No. 30 (Nev. 2026).
“NRS 176A.400(1)(a). In such a case, the failure to pay restitution is a violation of probation "unless the defendant's failure was caused by economic hardship resulting in his or her inability to pay the amount due.”
Sylvestri (Jeraldine) v. State (Nev. 2013).
“400(1) (allowing the district court to "fix the terms and conditions" of probation, including those identified in the statute, "without limitation"); NRS 176A.400(1)(c)(4) (allowing the district court to impose conditions of probation "[p]rohibiting the probationer from engaging…”
Nev. Rev. Stat. § 176A.400(1): 2 cases
Coleman v. State, 2014 NV 22 (Nev. 2014).
“The special sentence of lifetime supervision "commences after any period of probation or any term of imprisonment and any period of 2 Compare NRS 176A.400(1) (providing nonexhaustive list of conditions that may be imposed on probationer), NRS 176A.”
Baker (Joey) Vs. State, 488 P.3d 579 (Nev. 2021).
“420 (2020), which allows the district court to drug test persons on probation, is unconstitutional insofar as it prohibits medical marijuana use.”
Nev. Rev. Stat. § 176A.400(1)(a): 2 cases
Engle (julie) v. Dist. Ct. (state) (Crim.), 142 Nev. Adv. Op. No. 30 (Nev. 2026).
“NRS 176A.400(1)(a). In such a case, the failure to pay restitution is a violation of probation “unless the defendant’s failure was caused by economic hardship resulting in his or her inability to pay the amount due.”
Engle (julie) v. Dist. Ct. (state) (Crim.), 142 Nev. Adv. Op. No. 30 (Nev. 2026).
“NRS 176A.400(1)(a). In such a case, the failure to pay restitution is a violation of probation "unless the defendant's failure was caused by economic hardship resulting in his or her inability to pay the amount due.”
Nev. Rev. Stat. § 176A.400(1)(c)(3): 1 case
Aldape v. State, 535 P.3d 1184 (Nev. 2023).
“should be imposed under its discretionary authority in NRS 176A.400, because it is not adequately briefed.”
Nev. Rev. Stat. § 176A.400(1)(c)(4): 1 case
Sylvestri (Jeraldine) v. State (Nev. 2013).
“400(1) (allowing the district court to "fix the terms and conditions" of probation, including those identified in the statute, "without limitation"); NRS 176A.400(1)(c)(4) (allowing the district court to impose conditions of probation "[p]rohibiting the probationer from engaging…”
Nev. Rev. Stat. § 176A.400(2): 1 case
Savage v. Third Jud. Dist. Court, 200 P.3d 77 (Nev. 2009).
“100 broadly authorizes the district court to place an offender on probation, and NRS 176A.400(2) gives the district court the authority to impose conditions of probation, including the power to “require the person as a condition of probation to participate in and complete to the…”
Nev. Rev. Stat. § 176A.400(4): 1 case
Savage v. Third Jud. Dist. Court, 200 P.3d 77 (Nev. 2009).
“100 broadly authorizes the district court to place an offender on probation, and NRS 176A.400(2) gives the district court the authority to impose conditions of probation, including the power to “require the person as a condition of probation to participate in and complete to the…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.