USA Statutes : nevada
Title : Title 14 - PROCEDURE IN CRIMINAL CASES
Chapter : CHAPTER 178 - GENERAL PROVISIONS
1. Except as otherwise provided in this title, the defendant must
be present at the arraignment, at every stage of the trial including the
impaneling of the jury and the return of the verdict, and at the
imposition of sentence. A corporation may appear by counsel for all
purposes.
2. In prosecutions for offenses not punishable by death:
(a) The defendant’s voluntary absence after the trial has been
commenced in his presence must not prevent continuing the trial to and
including the return of the verdict.
(b) If the defendant was present at the trial through the time he
pleads guilty or is found guilty but at the time of his sentencing is
incarcerated in another jurisdiction, he may waive his right to be
present at the sentencing proceedings and agree to be sentenced in this
State in his absence. The defendant’s waiver is valid only if it is:
(1) Made knowingly, intelligently and voluntarily after
consulting with an attorney licensed to practice in this State;
(2) Signed and dated by the defendant and notarized by a
notary public or judicial officer; and
(3) Signed and dated by his attorney after it has been
signed by the defendant and notarized.
3. In prosecutions for offenses punishable by fine or by
imprisonment for not more than 1 year, or both, the court, with the
written consent of the defendant, may permit arraignment, plea, trial and
imposition of sentence in the defendant’s absence, if the court
determines that the defendant was fully aware of his applicable
constitutional rights when he gave his consent.
4. The presence of the defendant is not required at the
arraignment or any preceding stage if the court has provided for the use
of a closed-circuit television to facilitate communication between the
court and the defendant during the proceeding. If closed-circuit
television is provided for, members of the news media may observe and
record the proceeding from both locations unless the court specifically
provides otherwise.
5. The defendant’s presence is not required at the settling of
jury instructions.
(Added to NRS by 1967, 1450; A 1969, 9; 1987, 2025; 1993, 933;
1995, 2457; 2003, 1470 )
No
person can be subject to a second prosecution for a public offense for
which he has once been prosecuted and duly convicted or acquitted.
(Added to NRS by 1967, 1451)
No person
can be compelled, in a criminal action, to be a witness against himself,
nor shall a person charged with a public offense be subjected, before
conviction, to any more restraint than is necessary for his detention to
answer the charge.
(Added to NRS by 1967, 1451)
Every defendant accused of a
gross misdemeanor or felony who is financially unable to obtain counsel
is entitled to have counsel assigned to represent him at every stage of
the proceedings from his initial appearance before a magistrate or the
court through appeal, unless he waives such appointment.
(Added to NRS by 1967, 1451)
If a magistrate or district
court appoints an attorney, other than a public defender, to represent a
defendant accused of murder of the first degree in a case in which the
death penalty is sought, the magistrate or court must appoint a team to
defend the accused person that includes:
1. Two attorneys; and
2. Any other person as deemed necessary by the court, upon motion
of an attorney representing the defendant.
(Added to NRS by 2003, 443 )
RECOUPMENT OF EXPENSES OF DEFENSE OF INDIGENTS
1. The court may order a defendant to pay all or any part of the
expenses incurred by the county, city or state in providing the defendant
with an attorney which are not recovered pursuant to NRS 178.398 . The order may be made at the time of or after
the appointment of an attorney and may direct the defendant to pay the
expenses in installments.
2. The court shall not order a defendant to make such a payment
unless the defendant is or will be able to do so. In determining the
amount and method of payment, the court shall take account of the
financial resources of the defendant and the nature of the burden that
payment will impose.
3. A defendant who has been ordered to pay expenses of his defense
and who is not willfully or without good cause in default in the payment
thereof may at any time petition the court which ordered the payment for
remission of the payment or of any unpaid portion thereof. If it appears
to the satisfaction of the court that payment of the amount due will
impose manifest hardship on the defendant or his immediate family, the
court may remit all or part of the amount due or modify the method of
payment.
4. The money recovered must in each case be paid over to the city,
county or public defender’s office which bore the expense and was not
reimbursed by another governmental agency.
5. Upon the request of a defendant, if the court finds that the
defendant is suitable to perform supervised community service, the court
may allow the defendant to pay all or part of any expenses incurred by
the county, city or state in providing him with an attorney by performing
supervised community service for a reasonable number of hours, the value
of which would be commensurate with such expenses incurred. The community
service must be performed for and under the supervising authority of a
county, city, town or other political subdivision or agency of the State
of Nevada or a charitable organization that renders service to the
community or its residents. The court may require a defendant who
requests to perform community service to deposit with the court a
reasonable sum of money to pay for the cost of policies of insurance
against liability for personal injury and damage to property or for
industrial insurance, or both, during those periods in which he performs
the community service, unless, in the case of industrial insurance, it is
provided by the authority for which he performs the community service.
(Added to NRS by 1975, 217; A 1977, 377; 1985, 49; 1995, 500; 2001
Special Session, 135 )
If a
defendant for whom an attorney is appointed at public expense on account
of indigency has property subject to execution or acquires such property
within 6 years after the termination of the attorney’s representation,
the court shall determine the value of the legal services provided and
shall render judgment for that amount in favor of the state, county or
city which furnished the public defender or otherwise paid for the
defense.
(Added to NRS by 1977, 338)
INQUIRY INTO COMPETENCE OF DEFENDANT AND PROCEDURE FOLLOWING FINDING OF
INCOMPETENCE
As used in NRS
178.400 to 178.460 , inclusive, unless the context otherwise
requires, “treatment to competency” means treatment provided to a
defendant to attempt to cause him to attain competency to stand trial or
receive pronouncement of judgment.
(Added to NRS by 2003, 1947 )
1. A person may not be tried or adjudged to punishment for a
public offense while he is incompetent.
2. For the purposes of this section, “incompetent” means that the
person is not of sufficient mentality to be able to understand the nature
of the criminal charges against him, and because of that insufficiency,
is not able to aid and assist his counsel in the defense interposed upon
the trial or against the pronouncement of the judgment thereafter.
[1911 Cr. Prac. § 535; RL § 7385; NCL § 11183]—(NRS A 1981, 1656;
1995, 2458)
Any time before trial, or
when upon conviction the defendant is brought up for judgment, if doubt
arises as to the competence of the defendant, the court shall suspend the
trial or the pronouncing of the judgment, as the case may be, until the
question of competence is determined.
[1911 Cr. Prac. § 536; A 1919, 416; 1919 RL § 7386; NCL §
11184]—(NRS A 1967, 1449; 1981, 1656; 1991, 1003; 2003, 1018 )
1. Except as otherwise provided in this subsection, the court
shall appoint two psychiatrists, two psychologists, or one psychiatrist
and one psychologist, to examine the defendant. If the defendant is
accused of a misdemeanor, the court of jurisdiction shall appoint a
psychiatric social worker, or other person who is especially qualified by
the Division of Mental Health and Developmental Services of the
Department of Health and Human Services, to examine the defendant.
2. Except as otherwise provided in this subsection, at a hearing
in open court, the court that orders the examination must receive the
report of the examination. If a Justice Court orders the examination of a
defendant who is charged with a gross misdemeanor or felony, the district
court must receive the report of the examination.
3. The court that receives the report of the examination shall
permit counsel for both sides to examine the person or persons appointed
to examine the defendant. The prosecuting attorney and the defendant may:
(a) Introduce other evidence including, without limitation,
evidence related to treatment to competency and the possibility of
ordering the involuntary administration of medication; and
(b) Cross-examine one another’s witnesses.
4. The court that receives the report of the examination shall
then make and enter its finding of competence or incompetence.
5. The court shall not appoint a person to provide a report or an
evaluation pursuant to this section, unless the person is certified by
the Division of Mental Health and Developmental Services pursuant to NRS
178.417 .
[1911 Cr. Prac. § 538; A 1919, 416; 1919 RL § 7388; NCL §
11186]—(NRS A 1967, 1449; 1968, 52; 1981, 1656; 1991, 1003; 1999, 104
; 2003, 1018 , 1470 , 1947 )
1. A person may not provide a report or an evaluation concerning
the competency of a defendant to stand trial or receive pronouncement of
judgment pursuant to this section and NRS 178.400 to 178.460 ,
inclusive, unless the person is certified by the Division of Mental
Health and Developmental Services of the Department of Health and Human
Services for that purpose.
2. The Division of Mental Health and Developmental Services shall
adopt regulations to establish:
(a) Requirements for certification of a person who provides reports
and evaluations concerning the competency of a defendant pursuant to this
section and NRS 178.400 to 178.460
, inclusive;
(b) Reasonable fees for issuing and renewing such certificates; and
(c) Requirements for continuing education for the renewal of a
certificate.
3. The fees so collected must be used only to:
(a) Defray the cost of issuing and renewing certificates; and
(b) Pay any other expenses incurred by the Division of Mental
Health and Developmental Services in carrying out its duties pursuant to
this section.
4. The Division of Mental Health and Developmental Services shall
establish and administer examinations to determine the eligibility of any
person who applies for certification. An applicant is entitled to
certification upon satisfaction of the requirements of the Division of
Mental Health and Developmental Services. The Division of Mental Health
and Developmental Services may enter into a contract with another person,
organization or agency to carry out or assist in carrying out the
provisions of this subsection.
(Added to NRS by 2003, 1469 )
If the
court finds that the defendant is competent, the trial must proceed, or
judgment may be pronounced, as the case may be.
[1911 Cr. Prac. § 539; A 1919, 416; 1919 RL § 7389; NCL §
11187]—(NRS A 1967, 1450; 1981, 1656; 1991, 1003)
1. If the court finds the defendant incompetent, and that he is
dangerous to himself or to society and that commitment is required for a
determination of his ability to receive treatment to competency and to
attain competence, the judge shall order the sheriff to convey the
defendant forthwith, together with a copy of the complaint, the
commitment and the physicians’ certificate, if any, into the custody of
the Administrator of the Division of Mental Health and Developmental
Services of the Department of Health and Human Services or his designee
for detention and treatment at a secure facility operated by that
Division. The order may include the involuntary administration of
medication if appropriate for treatment to competency.
2. The defendant must be held in such custody until a court orders
his release or until he is returned for trial or judgment as provided in
NRS 178.450 , 178.455 and 178.460 .
3. If the court finds the defendant incompetent but not dangerous
to himself or to society, and finds that commitment is not required for a
determination of the defendant’s ability to receive treatment to
competency and to attain competence, the judge shall order the defendant
to report to the Administrator or his designee as an outpatient for
treatment, if it might be beneficial, and for a determination of his
ability to receive treatment to competency and to attain competence. The
court may require the defendant to give bail for his periodic appearances
before the Administrator or his designee.
4. Except as otherwise provided in subsection 5, proceedings
against the defendant must be suspended until the Administrator or his
designee or, if the defendant is charged with a misdemeanor, the judge
finds him capable of standing trial or opposing pronouncement of judgment
as provided in NRS 178.400 .
5. Whenever the defendant has been found incompetent, with no
substantial probability of attaining competency in the foreseeable
future, and released from custody or from obligations as an outpatient
pursuant to paragraph (d) of subsection 4 of NRS 178.460 , the proceedings against the defendant which
were suspended must be dismissed. No new charge arising out of the same
circumstances may be brought after a period, equal to the maximum time
allowed by law for commencing a criminal action for the crime with which
the defendant was charged, has lapsed since the date of the alleged
offense.
[1911 Cr. Prac. § 540; RL § 7390; NCL § 11188]—(NRS A 1967, 1450;
1968, 52; 1971, 313; 1973, 93, 252, 1406; 1981, 1656; 1991, 1003; 1999,
104 ; 2001, 1084 ; 2003, 1947 )
The
commitment of the defendant, as mentioned in NRS 178.425 , shall exonerate any bail he may have given,
or shall entitle any person authorized to receive the property of the
defendant to a return of any money he may have deposited instead of bail.
[1911 Cr. Prac. § 541; RL § 7391; NCL § 11189]
The expenses
of the examination and of the transportation of the defendant to and from
the custody of the Administrator of the Division of Mental Health and
Developmental Services of the Department of Health and Human Services or
his designee are in the first instance chargeable to the county or city
from which he has been sent. But the county or city may recover the money
from the estate of the defendant, from a relative legally bound to care
for him or from the county or city of which he is a resident.
[1911 Cr. Prac. § 543; RL § 7393; NCL § 11191]—(NRS A 1963, 1111;
1968, 52; 1973, 93, 252; 1981, 1657; 1991, 1004; 1999, 105 ; 2001, 1085 )
The clerk
of the court before which an examination has been conducted shall certify
the costs to the board of county commissioners or governing body of the
city, as appropriate.
[1911 Cr. Prac. § 544; RL § 7394; NCL § 11192]—(NRS A 1969, 10;
1991, 1004)
1. The Administrator of the Division of Mental Health and
Developmental Services of the Department of Health and Human Services or
his designee shall keep each defendant committed to his custody under NRS
178.425 or 178.460 under observation and shall have each
defendant who has been ordered to report to him as an outpatient under
those sections evaluated periodically.
2. The Administrator or his designee shall report in writing to a
judge of the court which committed the person and the prosecuting
attorney of the county or city to which the person may be returned for
further court action whether, in his opinion, upon medical consultation,
the defendant is of sufficient mentality to be able to understand the
nature of the criminal charge against him and, by reason thereof, is able
to aid and assist his counsel in the defense interposed upon the trial or
against the pronouncement of the judgment thereafter. The Administrator
or his designee shall submit such a report, in the case of a person
charged or convicted of a misdemeanor, within 3 months after the order
for commitment or treatment and evaluation as an outpatient or for
recommitment pursuant to paragraph (b) of subsection 4 of NRS 178.460
, and at monthly intervals thereafter.
In all other cases, the initial report must be submitted within 6 months
after the order and at 6-month intervals thereafter. If the opinion of
the Administrator or his designee about the defendant is that he is not
of sufficient mentality to understand the nature of the charge against
him and assist in his own defense, the Administrator or his designee
shall also include in the report his opinion whether:
(a) There is a substantial probability that the defendant can
receive treatment to competency and will attain competency to stand trial
or receive pronouncement of judgment in the foreseeable future; and
(b) The defendant is at that time a danger to himself or to society.
3. The report must contain:
(a) The name of the defendant and the county or city to which he
may be returned for further court action.
(b) The circumstances under which he was committed to the custody
of the Administrator or his designee and the duration of his
hospitalization, or the circumstances under which he was ordered to
report to the Administrator or his designee as an outpatient.
[2:292:1955]—(NRS A 1961, 476; 1968, 53; 1973, 93, 252; 1981, 1657;
1991, 1004; 1999, 105 ; 2001, 1085 ; 2003, 1948 )
1. The Administrator of the Division of Mental Health and
Developmental Services of the Department of Health and Human Services or
his designee may request from the Department of Corrections access to any
records in its possession which contain information that may assist in
evaluating and treating a defendant who previously has served a term of
imprisonment under the supervision of the Department of Corrections and
who is committed to the custody of or ordered to report to the
Administrator or his designee pursuant to NRS 178.425 or 178.460 .
2. Unless otherwise ordered by a court, upon request of the
Administrator or his designee for access to records of a defendant
pursuant to subsection 1, the Department of Corrections, through the
designated medical director, shall provide access to any such records,
including, without limitation, relevant medical and mental health
records, for the limited purpose of allowing the Administrator or his
designee to evaluate and treat the defendant.
3. No oral or written consent of the defendant is required for the
Administrator or his designee to obtain access to records from the
Department of Corrections pursuant to this section.
4. As used in this section, “designated medical director” means
the designated administrative officer of the Department of Corrections
who is responsible for the medical treatment of offenders.
(Added to NRS by 2003, 1255 )
1. Except as otherwise provided for persons charged with or
convicted of a misdemeanor, the Administrator of the Division of Mental
Health and Developmental Services of the Department of Health and Human
Services or his designee shall appoint a licensed psychiatrist and a
licensed psychologist from the treatment team who is certified pursuant
to NRS 178.417 to evaluate the
defendant. The Administrator or his designee shall also appoint a third
evaluator who must be a licensed psychiatrist or psychologist, must be
certified pursuant to NRS 178.417 and
must not be a member of the treatment team. Upon the completion of the
evaluation and treatment of the defendant, the Administrator or his
designee shall report to the court in writing his specific findings and
opinion upon:
(a) Whether the person is of sufficient mentality to understand the
nature of the offense charged;
(b) Whether the person is of sufficient mentality to aid and assist
counsel in the defense of the offense charged, or to show cause why
judgment should not be pronounced; and
(c) If the person is not of sufficient mentality pursuant to
paragraphs (a) and (b) to be placed upon trial or receive pronouncement
of judgment, whether there is a substantial probability that he can
receive treatment to competency and will attain competency in the
foreseeable future.
2. A copy of the report must be:
(a) Maintained by the Administrator of the Division of Mental
Health and Developmental Services or his designee and incorporated in the
medical record of the person; and
(b) Sent to the office of the district attorney and to the counsel
for the outpatient or person committed.
3. In the case of a person charged with or convicted of a
misdemeanor, the judge shall, upon receipt of the report set forth in NRS
178.450 from the Administrator of the
Division of Mental Health and Developmental Services or his designee:
(a) Send a copy of the report by the Administrator or his designee
to the prosecuting attorney and to the defendant’s counsel;
(b) Hold a hearing, if one is requested within 10 days after the
report is sent pursuant to paragraph (a), at which the attorneys may
examine the Administrator or his designee or the members of the
defendant’s treatment team on the determination of the report; and
(c) Within 10 days after the hearing, if any, or 20 days after the
report is sent if no hearing is requested, enter his finding of
competence or incompetence in the manner set forth in subsection 4 of NRS
178.460 .
[Part 3:292:1955]—(NRS A 1961, 476; 1968, 53; 1971, 252; 1973, 93,
252; 1981, 1658; 1991, 1005; 1993, 554, 2773; 1999, 106 ; 2001, 1086 ; 2003, 1471 , 1949 )
1. If requested by the district attorney or counsel for the
defendant within 10 days after the report by the Administrator of the
Division of Mental Health and Developmental Services of the Department of
Health and Human Services or his designee is sent to them, the judge
shall hold a hearing within 10 days after the request at which the
district attorney and the defense counsel may examine the members of the
treatment team on their report.
2. If the judge orders the appointment of a licensed psychiatrist
or psychologist who is not employed by the Division of Mental Health and
Developmental Services of the Department of Health and Human Services to
perform an additional evaluation and report concerning the defendant, the
cost of the additional evaluation and report is a charge against the
county.
3. Within 10 days after the hearing or 20 days after the report is
sent, if no hearing is requested, the judge shall make and enter his
finding of competence or incompetence, and if he finds the defendant to
be incompetent:
(a) Whether there is substantial probability that the defendant can
receive treatment to competency and will attain competency to stand trial
or receive pronouncement of judgment in the foreseeable future; and
(b) Whether the defendant is at that time a danger to himself or to
society.
4. If the judge finds the defendant:
(a) Competent, the judge shall, within 10 days, forward his finding
to the prosecuting attorney and counsel for the defendant. Upon receipt
thereof, the prosecuting attorney shall notify the sheriff of the county
or chief of police of the city that the defendant has been found
competent and prearrange with the facility for the return of the
defendant to that county or city for trial upon the offense there charged
or the pronouncement of judgment, as the case may be.
(b) Incompetent, but there is a substantial probability that he can
receive treatment to competency and will attain competency to stand trial
or receive pronouncement of judgment in the foreseeable future and finds
that he is dangerous to himself or to society, the judge shall recommit
the defendant and may order the involuntary administration of medication
for the purpose of treatment to competency.
(c) Incompetent, but there is a substantial probability that he can
receive treatment to competency and will attain competency to stand trial
or receive pronouncement of judgment in the foreseeable future and finds
that he is not dangerous to himself or to society, the judge shall order
that the defendant remain an outpatient or be transferred to the status
of an outpatient under the provisions of NRS 178.425 .
(d) Incompetent, with no substantial probability of attaining
competency in the foreseeable future, the judge shall order the defendant
released from custody or if the defendant is an outpatient, released from
his obligations as an outpatient if, within 10 days, a petition is not
filed to commit the person pursuant to NRS 433A.200 . After the initial 10 days, the defendant may remain an
outpatient or in custody under the provisions of this chapter only as
long as the petition is pending unless the defendant is involuntarily
committed pursuant to chapter 433A of NRS.
5. No person who is committed under the provisions of this chapter
may be held in the custody of the Administrator of the Division of Mental
Health and Developmental Services of the Department of Health and Human
Services or his designee longer than the longest period of incarceration
provided for the crime or crimes with which he is charged or 10 years,
whichever period is shorter. Upon expiration of the applicable period,
the defendant must be returned to the committing court for a
determination as to whether or not involuntary commitment pursuant to
chapter 433A of NRS is required.
[Part 3:292:1955]—(NRS A 1961, 477; 1968, 54; 1973, 94, 253; 1981,
1659; 1991, 1006; 1995, 2458; 1999, 107 ; 2001, 1087 ; 2003, 1472 , 1950 )
TIME
In computing any period of time the day
of the act or event from which the designated period of time begins to
run shall not be included. The last day of the period so computed shall
be included, unless it is a Saturday, a Sunday, or a nonjudicial day, in
which event the period runs until the end of the next day which is not a
Saturday, a Sunday, or a nonjudicial day. When a period of time
prescribed or allowed is less than 7 days, intermediate Saturdays,
Sundays and nonjudicial days shall be excluded in the computation.
(Added to NRS by 1967, 1451)
When an act is required or allowed to be
done at or within a specified time, the court for cause shown may at any
time in its discretion:
1. With or without motion or notice, order the period enlarged if
request therefor is made before the expiration of the period originally
prescribed or as extended by a previous order; or
2. Upon motion made after the expiration of the specified period
permit the act to be done if the failure to act was the result of
excusable neglect,
Ê but the court may not extend the time for taking any action under NRS
176.515 or 176.525 except to the extent and under the conditions
stated in those sections.
(Added to NRS by 1967, 1451; A 1969, 10; 1985, 63)
1. A written motion, other than one which may be heard ex parte,
and notice of the hearing thereof must be served not later than 5 days
before the time specified for the hearing unless a different period is
fixed by rule or order of the court. For cause shown such an order may be
made on ex parte application.
2. When a motion is supported by affidavit, the affidavit must be
served with the motion; and opposing affidavits may be served not less
than 1 day before the hearing unless the court permits them to be served
at a later time.
3. A certificate of service must accompany each motion filed.
(Added to NRS by 1967, 1451; A 1991, 303)
Whenever a
party has the right or is required to do an act within a prescribed
period after the service of a notice or other paper upon him and the
notice or other paper is served upon him by mail, 3 days shall be added
to the prescribed period.
(Added to NRS by 1967, 1451)
BAIL
1. Except as otherwise provided in this section, a person arrested
for an offense other than murder of the first degree must be admitted to
bail.
2. A person arrested for a felony who has been released on
probation or parole for a different offense must not be admitted to bail
unless:
(a) A court issues an order directing that the person be admitted
to bail;
(b) The State Board of Parole Commissioners directs the detention
facility to admit the person to bail; or
(c) The Division of Parole and Probation of the Department of
Public Safety directs the detention facility to admit the person to bail.
3. A person arrested for a felony whose sentence has been
suspended pursuant to NRS 4.373 or
5.055 for a different offense or who
has been sentenced to a term of residential confinement pursuant to NRS
4.3762 or 5.076 for a different offense must not be admitted
to bail unless:
(a) A court issues an order directing that the person be admitted
to bail; or
(b) A department of alternative sentencing directs the detention
facility to admit the person to bail.
4. A person arrested for murder of the first degree may be
admitted to bail unless the proof is evident or the presumption great by
any competent court or magistrate authorized by law to do so in the
exercise of discretion, giving due weight to the evidence and to the
nature and circumstances of the offense.
5. A person arrested for a battery that constitutes domestic
violence pursuant to NRS 33.018 must
not be admitted to bail sooner than 12 hours after his arrest. If the
person is admitted to bail more than 12 hours after his arrest, pursuant
to subsection 5 of NRS 171.178 , without
appearing personally before a magistrate, or without the amount of bail
having been otherwise set by a magistrate or a court, the amount of bail
must be:
(a) Three thousand dollars, if the person has no previous
convictions of battery that constitute domestic violence pursuant to NRS
33.018 and there is no reason to
believe that the battery for which he has been arrested resulted in
substantial bodily harm;
(b) Five thousand dollars, if the person has:
(1) No previous convictions of battery that constitute
domestic violence pursuant to NRS 33.018 , but there is reason to believe that the
battery for which he has been arrested resulted in substantial bodily
harm; or
(2) One previous conviction of battery that constitutes
domestic violence pursuant to NRS 33.018 , but there is no reason to believe that the
battery for which he has been arrested resulted in substantial bodily
harm; or
(c) Fifteen thousand dollars, if the person has:
(1) One previous conviction of battery that constitutes
domestic violence pursuant to NRS 33.018 and there is reason to believe that the
battery for which he has been arrested resulted in substantial bodily
harm; or
(2) Two or more previous convictions of battery that
constitute domestic violence pursuant to NRS 33.018 .
Ê The provisions of this subsection do not affect the authority of a
magistrate or a court to set the amount of bail when the person
personally appears before the magistrate or the court, or when a
magistrate or a court has otherwise been contacted to set the amount of
bail. For the purposes of this subsection, a person shall be deemed to
have a previous conviction of battery that constitutes domestic violence
pursuant to NRS 33.018 if the person
has been convicted of such an offense in this State or has been convicted
of violating a law of any other jurisdiction that prohibits the same or
similar conduct.
6. A person arrested for violating a temporary or extended order
for protection against domestic violence issued pursuant to NRS 33.017
to 33.100 , inclusive, or for violating a restraining
order or injunction that is in the nature of a temporary or extended
order for protection against domestic violence issued in an action or
proceeding brought pursuant to title 11 of NRS must not be admitted to
bail sooner than 12 hours after his arrest if the arresting officer
determines that such a violation is accompanied by a direct or indirect
threat of harm. If the person is admitted to bail more than 12 hours
after his arrest, pursuant to subsection 5 of NRS 171.178 , without appearing personally before a
magistrate, or without the amount of bail having been otherwise set by a
magistrate or a court, the amount of bail must be:
(a) Three thousand dollars, if the person has no previous
convictions of violating a temporary or extended order for protection
against domestic violence issued pursuant to NRS 33.017 to 33.100 ,
inclusive, or of violating a restraining order or injunction that is in
the nature of a temporary or extended order for protection against
domestic violence issued in an action or proceeding brought pursuant to
title 11 of NRS;
(b) Five thousand dollars, if the person has one previous
conviction of violating a temporary or extended order for protection
against domestic violence issued pursuant to NRS 33.017 to 33.100 ,
inclusive, or of violating a restraining order or injunction that is in
the nature of a temporary or extended order for protection against
domestic violence issued in an action or proceeding brought pursuant to
title 11 of NRS; or
(c) Fifteen thousand dollars, if the person has two or more
previous convictions of violating a temporary or extended order for
protection against domestic violence issued pursuant to NRS 33.017 to 33.100 ,
inclusive, or of violating a restraining order or injunction that is in
the nature of a temporary or extended order for protection against
domestic violence issued in an action or proceeding brought pursuant to
title 11 of NRS.
Ê The provisions of this subsection do not affect the authority of a
magistrate or a court to set the amount of bail when the person
personally appears before the magistrate or the court, or when a
magistrate or a court has otherwise been contacted to set the amount of
bail. For the purposes of this subsection, a person shall be deemed to
have a previous conviction of violating a temporary or extended order for
protection against domestic violence issued pursuant to NRS 33.017 to 33.100 ,
inclusive, or of violating a restraining order or injunction that is in
the nature of a temporary or extended order for protection against
domestic violence issued in an action or proceeding brought pursuant to
title 11 of NRS if the person has been convicted of such an offense in
this State or has been convicted of violating a law of any other
jurisdiction that prohibits the same or similar conduct.
7. The court may, before releasing a person arrested for an
offense punishable as a felony, require the surrender to the court of any
passport the person possesses.
8. Before releasing a person arrested for any crime, the court may
impose such reasonable conditions on the person as it deems necessary to
protect the health, safety and welfare of the community and to ensure
that the person will appear at all times and places ordered by the court,
including, without limitation:
(a) Requiring the person to remain in this State or a certain
county within this State;
(b) Prohibiting the person from contacting or attempting to contact
a specific person or from causing or attempting to cause another person
to contact that person on his behalf;
(c) Prohibiting the person from entering a certain geographic area;
or
(d) Prohibiting the person from engaging in specific conduct that
may be harmful to his own health, safety or welfare, or the health,
safety or welfare of another person.
Ê In determining whether a condition is reasonable, the court shall
consider the factors listed in NRS 178.4853 .
9. If a person fails to comply with a condition imposed pursuant
to subsection 8, the court may, after providing the person with
reasonable notice and an opportunity for a hearing:
(a) Deem such conduct a contempt pursuant to NRS 22.010 ; or
(b) Increase the amount of bail pursuant to NRS 178.499 .
10. An order issued pursuant to this section that imposes a
condition on a person admitted to bail must include a provision ordering
any law enforcement officer to arrest the person if he has probable cause
to believe that the person has violated a condition of his bail.
11. Before a person may be admitted to bail, he must sign a
document stating that:
(a) He will appear at all times and places as ordered by the court
releasing him and as ordered by any court before which the charge is
subsequently heard;
(b) He will comply with the other conditions which have been
imposed by the court and are stated in the document; and
(c) If he fails to appear when so ordered and is taken into custody
outside of this State, he waives all his rights relating to extradition
proceedings.
Ê The signed document must be filed with the clerk of the court of
competent jurisdiction as soon as practicable, but in no event later than
the next business day.
12. If a person admitted to bail fails to appear as ordered by a
court and the jurisdiction incurs any cost in returning the person to the
jurisdiction to stand trial, the person who failed to appear is
responsible for paying those costs as restitution.
13. For the purposes of subsection 6, an order or injunction is in
the nature of a temporary or extended order for protection against
domestic violence if it grants relief that might be given in a temporary
or extended order issued pursuant to NRS 33.017 to 33.100 ,
inclusive.
(Added to NRS by 1967, 1451; A 1971, 496; 1973, 1802; 1975, 1201;
1977, 1545; 1981, 1585; 1985, 2171; 1987, 554; 1995, 26, 2293; 1997, 610,
1478, 3357; 1999, 669 , 2064 ; 2001, 1223 , 2571 )
1. Upon a showing of good cause, a court may release without bail
any person entitled to bail if it appears to the court that it can impose
conditions on the person that will adequately protect the health, safety
and welfare of the community and ensure that he will appear at all times
and places ordered by the court.
2. In releasing a person without bail the court may impose such
conditions as it deems necessary to protect the health, safety and
welfare of the community and to ensure that he will appear at all times
and places ordered by the court, including, without limitation, any
condition set forth in subsection 8 of NRS 178.484 .
3. Upon a showing of good cause, a sheriff or chief of police may
release without bail any person charged with a misdemeanor pursuant to
standards established by a court of competent jurisdiction.
4. Before a person may be released without bail, he must file with
the clerk of the court of competent jurisdiction a signed document
stating that:
(a) He will appear at all times and places as ordered by the court
releasing him and as ordered by any court before which the charge is
subsequently heard;
(b) He will comply with the other conditions which have been
imposed by the court and are stated in the document;
(c) If he fails to appear when so ordered and is taken into custody
outside of this state, he waives all his rights relating to extradition
proceedings; and
(d) He understands that any court of competent jurisdiction may
revoke the order of release without bail and may order him into custody
or require him to furnish bail or otherwise ensure the protection of the
health, safety and welfare of the community or his appearance.
5. If a jurisdiction incurs any costs in returning a person to the
jurisdiction to stand trial, the person failing to appear is responsible
for paying those costs as restitution.
6. An order issued pursuant to this section that imposes a
condition on a person who is released without bail must include a
provision ordering a law enforcement officer to arrest the person if he
has probable cause to believe that the person has violated a condition of
his release.
(Added to NRS by 1981, 1584; A 1987, 454; 1997, 3359; 2001, 1226
)
In
deciding whether there is good cause to release a person without bail,
the court as a minimum shall consider the following factors concerning
the person:
1. The length of his residence in the community;
2. The status and history of his employment;
3. His relationships with his spouse and children, parents or
other members of his family and with his close friends;
4. His reputation, character and mental condition;
5. His prior criminal record, including, without limitation, any
record of his appearing or failing to appear after release on bail or
without bail;
6. The identity of responsible members of the community who would
vouch for the reliability of the person;
7. The nature of the offense with which he is charged, the
apparent probability of conviction and the likely sentence, insofar as
these factors relate to the risk of his not appearing;
8. The nature and seriousness of the danger to the alleged victim,
any other person or the community that would be posed by the person’s
release;
9. The likelihood of more criminal activity by him after he is
released; and
10. Any other factors concerning his ties to the community or
bearing on the risk that he may willfully fail to appear.
(Added to NRS by 1981, 1584; A 1985, 809; 1997, 3360)
A defendant charged with the
commission of a category A or B felony who is admitted to bail on a
surety bond and who:
1. While admitted to bail, is taken into custody in the same
jurisdiction in which he was admitted to bail and is charged with the
commission of another category A or B felony; and
2. Is ordered to be released from custody without bail,
Ê must not be released from custody pursuant to NRS 178.4851 until the law enforcement agency that
conducted the initial booking procedure for the defendant for the
subsequent felony has notified the bail agent that issued the surety bond
of the release of the defendant.
(Added to NRS by 1999, 1845 )
When the admission to
bail is a matter of discretion, the court, or officer by whom it may be
ordered, shall require such notice of the application therefor as he may
deem reasonable to be given to the district attorney of the county where
the examination is had.
(Added to NRS by 1967, 1452)
Every release on bail with or without security is conditioned
upon the defendant’s good behavior while so released, and upon a showing
that the proof is evident or the presumption great that the defendant has
committed a felony during the period of release, the defendant’s bail may
be revoked, after a hearing, by the magistrate who allowed it or by any
judge of the court in which the original charge is pending. Pending such
revocation, the defendant may be held without bail by order of the
magistrate before whom he is brought after an arrest upon the second
charge.
(Added to NRS by 1971, 574; A 1973, 348)
A person who has filed a postconviction petition
for habeas corpus:
1. Must not in any case be released on his own recognizance.
2. Must not be admitted to bail pending a review of his petition
unless:
(a) The petition is filed in the proper jurisdiction;
(b) The petition presents substantial questions of law or fact and
does not appear to be barred procedurally;
(c) The petitioner has made out a clear case on the merits; and
(d) There are exceptional circumstances deserving of special
treatment in the interests of justice.
(Added to NRS by 1987, 1232; A 1991, 91)
If a district court denies a postconviction petition for
habeas corpus, the petitioner must not be released on his own
recognizance or admitted to bail pending any appeal. If the petition is
granted and a stay of the order granting relief is not entered, the
district court shall admit the petitioner to bail pending appeal if the
respondent files a notice of appeal.
(Added to NRS by 1987, 1232; A 1991, 91)
1. If the court admits a petitioner to bail pending review of his
petition or pending appeal, any subsequent proceeding for forfeiture of
the bail must take place in the proceeding on the petition.
2. Any subsequent proceeding for the recommitment of the defendant
pursuant to NRS 178.532 may be
initiated on behalf of the State in the proceeding on the petition or in
the district court where the original conviction was had, if it was in a
different court. If the proceeding occurs in the district court where the
original conviction was had, that court must notify the court conducting
the proceeding on the petition of any order for recommitment entered and
subsequently enforced.
(Added to NRS by 1987, 1232)
1. Bail may be allowed pending appeal or certiorari unless it
appears that the appeal is frivolous or taken for delay.
2. Pending appeal to a district court, bail may be allowed by the
trial justice, by the district court, or by any judge thereof, to run
until final termination of the proceedings in all courts.
3. Pending appeal or certiorari to the Supreme Court, bail may be
allowed by the district court or by any judge thereof or by the Supreme
Court or by a justice thereof.
4. Any court or any judge or justice authorized to grant bail may
at any time revoke the order admitting the defendant to bail.
5. The court or judge by whom bail may be ordered shall require
such notice of the application therefor as he may deem reasonable to be
given to the district attorney of the county in which the verdict or
judgment was originally rendered.
(Added to NRS by 1967, 1452; A 1969, 10)
1. If it appears by affidavit that the testimony of a person is
material in any criminal proceeding and if it is shown that it may become
impracticable to secure his presence by subpoena, the magistrate may
require him to give bail for his appearance as a witness, in an amount
fixed by the magistrate. If the person fails to give bail the magistrate
may:
(a) Commit him to the custody of a peace officer pending final
disposition of the proceeding in which the testimony is needed;
(b) Order his release if he has been detained for an unreasonable
length of time; and
(c) Modify at any time the requirement as to bail.
2. Every person detained as a material witness must be brought
before a judge or magistrate within 72 hours after the beginning of his
detention. The judge or magistrate shall make a determination whether:
(a) The amount of bail required to be given by the material witness
should be modified; and
(b) The detention of the material witness should continue.
Ê The judge or magistrate shall set a schedule for the periodic review of
whether the amount of bail required should be modified and whether
detention should continue.
(Added to NRS by 1967, 1452; A 1989, 327)
If the defendant is admitted to bail, the
bail must be set at an amount which in the judgment of the magistrate
will reasonably ensure the appearance of the defendant and the safety of
other persons and of the community, having regard to:
1. The nature and circumstances of the offense charged;
2. The financial ability of the defendant to give bail;
3. The character of the defendant; and
4. The factors listed in NRS 178.4853 .
(Added to NRS by 1967, 1452; A 1985, 809)
1. At any time after a district or Justice Court has ordered bail
to be set at a specific amount, and before acquittal or conviction, the
court may upon its own motion or upon motion of the district attorney and
after notice to the defendant’s attorney of record or, if none, to the
defendant, increase the amount of bail for good cause shown.
2. If the defendant has been released on bail before the time when
the motion to increase bail is granted, the defendant shall either return
to custody or give the additional amount of bail.
(Added to NRS by 1969, 385; A 1991, 303)
1. A person required or permitted to give bail shall execute a
bond for his appearance. The magistrate or court or judge or justice,
having regard to the considerations set forth in NRS 178.498 , may require one or more sureties or may
authorize the acceptance of cash or bonds or notes of the United States
in an amount equal to or less than the face amount of the bond.
2. Any bond or undertaking for bail must provide that the bond or
undertaking:
(a) Extends to any action or proceeding in a Justice Court,
municipal court or district court:
(1) Arising from the charge on which bail was first given in
any of these courts; and
(2) Arising from a later charge, filed before the expiration
of the periods provided in subsection 4, which is substantially similar
to the charge upon which bail was first given and is based upon the same
act or omission as that charge; and
(b) Remains in effect until exonerated by the court.
Ê This subsection does not require that any bond or undertaking extend to
proceedings on appeal.
3. If an action or proceeding against a defendant who has been
admitted to bail is transferred to another trial court, the bond or
undertaking must be transferred to the clerk of the court to which the
action or proceeding has been transferred.
4. If the action or proceeding against a defendant who has been
admitted to bail is dismissed, the bail must not be exonerated until a
period of 30 days has elapsed from the entry of the order of dismissal
unless the defendant requests that bail be exonerated before the
expiration of the 30-day period. If no formal action or proceeding is
instituted against a defendant who has been admitted to bail, the bail
must not be exonerated until a period of 30 days has elapsed from the day
the bond or undertaking is posted unless the defendant requests that bail
be exonerated before the expiration of the 30-day period.
5. If, within the periods provided in subsection 4, the defendant
is charged with a public offense arising out of the same act or omission
supporting the charge upon which bail was first given, the prosecuting
attorney shall forthwith notify the clerk of the court where the bond was
posted, the bail must be applied to the public offense later charged, and
the bond or undertaking must be transferred to the clerk of the
appropriate court. Within 10 days after its receipt, the clerk of the
court to whom the bail is transferred shall mail notice of the transfer
to the surety on the bond and the bail agent who executed the bond.
6. Bail given originally on appeal must be deposited with the
magistrate or the clerk of the court from which the appeal is taken.
(Added to NRS by 1967, 1452; A 1979, 1021; 1981, 1585; 2003, 2103
)
1. Every surety, except a corporate surety which is approved as
provided by law, shall justify by affidavit and may be required to
describe in the affidavit:
(a) The property by which he proposes to justify and the
encumbrances thereon;
(b) The number and amount of other bonds and undertakings for bail
entered into by him and remaining undischarged; and
(c) All his other liabilities.
2. No bond shall be approved unless the surety thereon appears to
be qualified.
(Added to NRS by 1967, 1453)
If there is a breach of
condition of a bond, the court shall declare a forfeiture of the bail,
subject to the provisions of NRS 178.508 and 178.509 .
(Added to NRS by 1967, 1453; A 1971, 598)
1. If the defendant fails to appear when his presence in court is
lawfully required for the commission of a misdemeanor and the failure to
appear is not excused or is lawfully required for the commission of a
gross misdemeanor or felony, the court shall:
(a) Enter upon its minutes that the defendant failed to appear;
(b) Not later than 45 days after the date on which the defendant
failed to appear, order the issuance of a warrant for the arrest of the
defendant; and
(c) If the undertaking exceeds $50 or money deposited instead of
bail bond exceeds $500, direct that each surety and the local agent of
each surety, or the depositor if he is not the defendant, be given notice
that the defendant has failed to appear, by certified mail within 20 days
after the date on which the defendant failed to appear. The court shall
execute an affidavit of such mailing to be kept as an official public
record of the court and shall direct that a copy of the notice be
transmitted to the prosecuting attorney at the same time that notice is
given to each surety or the depositor.
2. Except as otherwise provided in subsection 3 and NRS 178.509
, an order of forfeiture of any
undertaking or money deposited instead of bail bond must be prepared by
the clerk of court and signed by the court. An order of forfeiture must
include the date on which the forfeiture becomes effective. If the
defendant who failed to appear has been charged with the commission of a
gross misdemeanor or felony, a copy of the order must be forwarded to the
Office of Court Administrator. The undertaking or money deposited instead
of bail bond is forfeited 180 days after the date on which the notice is
mailed pursuant to subsection 1.
3. The court may extend the date of the forfeiture for any
reasonable period set by the court if the surety or depositor submits to
the court:
(a) An application for an extension and the court determines that
the surety or the depositor is making reasonable and ongoing efforts to
bring the defendant before the court.
(b) An application for an extension on the ground that the
defendant is temporarily prevented from appearing before the court
because the defendant:
(1) Is ill;
(2) Is insane; or
(3) Is being detained by civil or military authorities,
Ê and the court, upon hearing the matter, determines that one or more of
the grounds described in this paragraph exist and that the surety or
depositor did not in any way cause or aid the absence of the defendant.
(Added to NRS by 1967, 1453; A 1969, 625; 1971, 598; 1979, 1400;
1983, 210; 1987, 1025; 1991, 1015; 1999, 1845 ; 2003, 2103 )
1. If the defendant fails to appear when his presence in court is
lawfully required, the court shall not exonerate the surety before the
date of forfeiture prescribed in NRS 178.508 unless:
(a) The defendant appears before the court and the court, upon
hearing the matter, determines that the defendant has presented a
satisfactory excuse or that the surety did not in any way cause or aid
the absence of the defendant; or
(b) The surety submits an application for exoneration on the ground
that the defendant is unable to appear because the defendant:
(1) Is dead;
(2) Is ill;
(3) Is insane;
(4) Is being detained by civil or military authorities; or
(5) Has been deported,
Ê and the court, upon hearing the matter, determines that one or more of
the grounds described in this paragraph exist and that the surety did not
in any way cause or aid the absence of the defendant.
2. If the requirements of subsection 1 are met, the court may
exonerate the surety upon such terms as may be just.
(Added to NRS by 1971, 597; A 1979, 1400; 1991, 1015; 1999, 1846
)
1. The court shall not set aside a forfeiture unless:
(a) The surety submits an application to set it aside on the ground
that the defendant:
(1) Has appeared before the court since the date of the
forfeiture and has presented a satisfactory excuse for his absence;
(2) Was dead before the date of the forfeiture but the
surety did not know and could not reasonably have known of his death
before that date;
(3) Was unable to appear before the court before the date of
the forfeiture because of his illness or his insanity, but the surety did
not know and could not reasonably have known of his illness or insanity
before that date;
(4) Was unable to appear before the court before the date of
the forfeiture because he was being detained by civil or military
authorities, but the surety did not know and could not reasonably have
known of his detention before that date; or
(5) Was unable to appear before the court before the date of
the forfeiture because he was deported, but the surety did not know and
could not reasonably have known of his deportation before that date,
Ê and the court, upon hearing the matter, determines that one or more of
the grounds described in this subsection exist and that the surety did
not in any way cause or aid the absence of the defendant; and
(b) The court determines that justice does not require the
enforcement of the forfeiture.
2. If the court sets aside a forfeiture pursuant to subsection 1
and the forfeiture includes any undertaking or money deposited instead of
bail bond where the defendant has been charged with a gross misdemeanor
or felony, the court shall make a written finding in support of setting
aside the forfeiture. The court shall mail a copy of the order setting
aside the forfeiture to the Office of Court Administrator immediately
upon entry of the order.
(Added to NRS by 1967, 1453; A 1979, 1401; 1999, 1847 ; 2003, 2104 , 3338 ; 2005, 108 )
1. When a forfeiture has not been set aside, the court shall on
motion enter a judgment of default and execution may issue thereon.
2. If the Office of Court Administrator has not received an order
setting aside a forfeiture within 180 days after the issuance of the
order of forfeiture, the Court Administrator shall request that the court
that ordered the forfeiture institute proceedings to enter a judgment of
default with respect to the amount of the undertaking or money deposited
instead of bail bond with the court. Not later than 30 days after receipt
of the request from the Office of Court Administrator, the court shall
enter judgment by default and commence execution proceedings therein.
3. By entering into a bond the obligors submit to the jurisdiction
of the court and irrevocably appoint the clerk of the court as their
agent upon whom any papers affecting their liability may be served. Their
liability may be enforced on motion and such notice of the motion as the
court prescribes may be served on the clerk of the court, who shall
forthwith mail copies to the obligors to their last known addresses.
(Added to NRS by 1967, 1453; A 2003, 2105 )
After entry of such
judgment, the court shall not remit it in whole or in part unless the
conditions applying to the setting aside of forfeiture in NRS 178.512
are met.
(Added to NRS by 1967, 1453; A 1979, 1402)
Money collected pursuant to NRS 178.506 to 178.516 ,
inclusive, which was collected:
1. From a person who was charged with a misdemeanor must be paid
over to the county treasurer.
2. From a person who was charged with a gross misdemeanor or a
felony must be paid over to the State Controller for deposit in the State
General Fund for distribution in the following manner:
(a) Ninety percent for credit to the Fund for the Compensation of
Victims of Crime; and
(b) Ten percent for credit to the special account established
pursuant to NRS 176.0613 to assist
with funding and establishing specialty court programs.
(Added to NRS by 1967, 1453; A 1981, 1672; 2001, 2922 ; 2003, 2105 )
1. When the condition of the bond has been satisfied or the
forfeiture thereof has been set aside or remitted, the court shall
exonerate the obligors and release any bail. The court shall exonerate
the obligors and release any bail at the time of sentencing the
defendant, if the court has not previously done so unless the money
deposited by the defendant as bail must be applied to satisfy a judgment
pursuant to NRS 178.528 .
2. A surety may be exonerated by a deposit of cash in the amount
of the bond or by a timely surrender of the defendant into custody.
(Added to NRS by 1967, 1453; A 1969, 10; 1991, 1016; 1993, 827)
If the defendant
surrenders himself to, is apprehended by or is in the custody of a peace
officer in the State of Nevada or the Director of the Department of
Corrections other than the officer to whose custody he was committed at
the time of giving bail, the bail may make application to the court for
the discharge of his bail bond, and shall then give to the court an
amount in cash or a surety bond sufficient in amount to guarantee
reimbursement of any costs that may be expended in returning the
defendant to the officer to whose custody the defendant was committed at
the time of giving bail.
(Added to NRS by 1967, 1453; A 1977, 863; 2001 Special Session, 223
)
1. For the purpose of surrendering a defendant, a surety, at any
time before the surety is finally discharged, and at any place within
this State, may, by:
(a) Written authorization for the arrest of the defendant attached
to a copy of the undertaking; or
(b) A written authority endorsed on a certified copy of the
undertaking,
Ê cause the defendant to be arrested by a bail agent or bail enforcement
agent who is licensed pursuant to chapter 697 of NRS.
2. A bail agent or bail enforcement agent who arrests a defendant
in this State or any other jurisdiction is not acting for or on behalf of
this State or any of its political subdivisions.
(Added to NRS by 1967, 1454; A 1997, 3393; 1999, 1847 )
When money
has been deposited, if it remains on deposit at the time of a judgment
for the payment of a fine, the court, or the clerk under the direction of
the court, shall apply the money in satisfaction thereof, and after
satisfying the fine and costs shall refund the surplus, if any, to the
person who deposited the bail, unless that person has directed, in
writing, that any surplus be refunded to another.
(Added to NRS by 1967, 1454; A 1991, 303)
The court to which the committing magistrate shall
return the depositions and statement, or in which an indictment or
information or an appeal is pending, or to which a judgment on appeal is
remitted to be carried into effect, may, by an order to be entered on its
minutes, direct the arrest of the defendant and his commitment to the
officer to whose custody he was committed at the time of giving bail, and
his detention until legally discharged, in the following cases:
1. When, by reason of his failure to appear, he has incurred a
forfeiture of his bail, or of money deposited instead thereof, as
provided in NRS 178.506 .
2. When it satisfactorily appears to the court that his bail, or
either of them, are dead, or insufficient, or have removed from the State.
3. Upon an indictment being found or information filed in the
cases provided in NRS 173.175 .
(Added to NRS by 1967, 1454)
The order for the
recommitment of the defendant shall:
1. Recite generally the facts upon which it is founded.
2. Direct that the defendant be arrested by any sheriff,
constable, marshal, policeman or other peace officer within the State,
and committed to the custody of the sheriff of the county where the
depositions and statement were returned, or the indictment was found, or
the information was filed, or the conviction was had, as the case may be,
to be detained until legally discharged.
(Added to NRS by 1967, 1454)
The defendant may be
arrested pursuant to the order, upon a certified copy thereof, in any
county, in the same manner as upon a warrant of arrest, except that when
arrested in another county the order need not be endorsed by a magistrate
of that county.
(Added to NRS by 1967, 1454)
1. If the order recites, as the grounds upon which it is made, the
failure of the defendant to appear for judgment upon conviction, the
defendant must be committed according to the requirement of the order.
2. If the order be made for any other cause, and the offense is
bailable, the court may fix the amount of bail, and may cause a direction
to be inserted in the order that the defendant be admitted to bail in the
sum fixed, which shall be specified in the order.
(Added to NRS by 1967, 1454)
Each county clerk shall
maintain a record containing the following information for each bail bond
accepted by a district court within the county:
1. The name of the defendant;
2. The name of the surety;
3. The amount of the bond;
4. The name of the court admitting the defendant to bail and the
case number;
5. The date of exoneration or forfeiture of the bond;
6. The book and page of the minute order declaring the exoneration
or forfeiture; and
7. The date of notice to the district attorney of any forfeiture
of the bond.
(Added to NRS by 1967, 1454; A 1983, 264)
1. Whenever a person is admitted to bail in a Justice Court and
the bail is put in by a written undertaking, the deputy clerk of the
Justice Court shall record:
(a) The name of the defendant;
(b) The names of the sureties;
(c) The amount of the bond;
(d) The name of the court;
(e) The number of the case; and
(f) Such other information as is reasonably necessary to complete
the record.
2. When the bond is exonerated or forfeited, the deputy clerk of
the Justice Court shall record:
(a) The date of the exoneration or forfeiture;
(b) The book and page of the minute order declaring the exoneration
or forfeiture; and
(c) The date of notice to the district attorney of any forfeiture
of the bond.
(Added to NRS by 1967, 1455; A 1983, 264; 1985, 53)
1. Whenever a person is admitted to bail by the Supreme Court or a
justice of the Supreme Court, the Clerk of the Supreme Court shall record:
(a) The name of the defendant;
(b) The names of the sureties;
(c) The amount of the bond; and
(d) The case number.
2. When the bond is exonerated or forfeited, the Clerk of the
Supreme Court shall record:
(a) The date of the exoneration or forfeiture;
(b) The file number of the order declaring the forfeiture or
exoneration;
(c) The name of the county where the defendant was convicted or if
no conviction has been had, of the county where the defendant was
incarcerated; and
(d) The date of the notice to the district attorney of the
appropriate county of any forfeiture of the bond.
(Added to NRS by 1967, 1455; A 1983, 265)
The county clerk, the deputy clerk of the Justice Court, or
the Clerk of the Supreme Court shall notify the district attorney of the
appropriate county, in writing, promptly upon the receipt of information
indicating that a bail bond has been forfeited.
(Added to NRS by 1967, 1456; A 1983, 266; 1985, 53)
MOTIONS
An application to the court for an
order shall be by motion. A motion other than one made during a trial or
hearing shall be in writing unless the court permits it to be made
orally. It shall state the grounds upon which it is made and shall set
forth the relief or order sought. It may be supported by affidavit.
(Added to NRS by 1967, 1456)
DISMISSAL OF ACTIONS
The district attorney, or the Attorney General in those
cases which have been initiated by him, may by leave of court file a
dismissal of an indictment, information or complaint and the prosecution
shall thereupon terminate. Such a dismissal may not be filed during the
trial without the consent of the defendant.
(Added to NRS by 1967, 1456)
1. If no indictment is found or information filed against a person
within 15 days after he has been held to answer for a public offense
which must be prosecuted by indictment or information, the court may
dismiss the complaint. If a defendant whose trial has not been postponed
upon his application is not brought to trial within 60 days after the
arraignment on the indictment or information, the district court may
dismiss the indictment or information.
2. If a defendant whose trial has not been postponed upon his
application is not brought to trial within 60 days after the arraignment
on the complaint for an offense triable in a Justice or municipal Court,
the court may dismiss the complaint.
(Added to NRS by 1967, 1456; A 1985, 65; 1991, 70)
1. Except as otherwise provided in NRS 174.085 , an order for the dismissal of the action, as
provided in NRS 178.554 and 178.556
, is a bar to another prosecution for
the same offense.
2. The discharge of a person accused upon preliminary examination
is a bar to another complaint against him for the same offense, but does
not bar the finding of an indictment or filing of an information.
(Added to NRS by 1967, 1456; A 1997, 2393)
Upon the entry of an
order dismissing a criminal action or proceeding, the court shall provide
the defendant with a written notice of the provisions of NRS 179.255
which concern the sealing of records of
the proceedings leading to the dismissal.
(Added to NRS by 2001, 1692 )
COMPROMISING CERTAIN PUBLIC OFFENSES BY LEAVE OF COURT
If a defendant is held to answer on a charge
of a misdemeanor for which the person injured by the act constituting the
offense has a remedy by a civil action, the offense may be compromised as
provided in NRS 178.566 unless the
offense:
1. Was committed by or upon an officer of justice while in the
execution of the duties of his office;
2. Was committed riotously;
3. Was committed with the intent to commit a felony;
4. Is a battery that constitutes domestic violence pursuant to NRS
33.018 ; or
5. Violates a temporary or extended order for protection against
domestic violence.
(Added to NRS by 1967, 1456; A 2005, 103 )
1. If the party injured appears before the court to which the
depositions are required to be returned, at any time before trial, and
acknowledges in writing that he has received satisfaction for the injury,
the court may, in its discretion, on payment of the costs incurred, order
all proceedings to be stayed upon the prosecution, and the defendant to
be discharged therefrom; but in such case the reasons for the order must
be set forth therein, and entered on the minutes.
2. The order shall be a bar to another prosecution for the same
offense.
(Added to NRS by 1967, 1457)
No public offense shall be compromised, nor shall any
proceeding for the prosecution or punishment thereof, upon a compromise,
be stayed, except as provided in this title.
(Added to NRS by 1967, 1457)
PROTECTION OF VICTIMS AND WITNESSES
As used in NRS 178.569 to 178.5698 , inclusive, unless the context otherwise
requires:
1. “Relative” has the meaning ascribed to it in NRS 217.060 .
2. “Victim of a crime” or “victim” includes a relative of a person:
(a) Against whom a crime has been committed; or
(b) Who has been injured or killed as a direct result of the
commission of a crime.
(Added to NRS by 1983, 889; A 1997, 3238)
All
personal information, including, but not limited to, a current or former
address, which pertains to a victim, relative, witness or other person
and which is received pursuant to the provisions of NRS 178.569 to 178.5698 , inclusive, is confidential.
(Added to NRS by 1997, 3238)
If a victim of a crime or a witness is cooperating with the
prosecuting attorney in a criminal case and reasonably apprehends that he
may suffer threats of harm or harm arising out of that cooperation, the
sheriff of the county or the chief of police of the city shall, upon the
written request of the victim or witness, investigate the circumstances,
take adequate measures to protect him where appropriate, and inform him
of the level of protection being provided.
(Added to NRS by 1983, 889)
1. If it is difficult for such a victim or witness to assist in an
investigation or cooperate with the prosecuting attorney because he is
being harassed, intimidated or subjected to conflicting requirements by
his employer, the prosecuting attorney, sheriff or chief of police shall,
upon the written request of the victim or witness, intercede on his
behalf to minimize any loss of pay or other benefits which would result
from his assistance or appearances in court.
2. If a proceeding in court to which such a victim or witness has
been subpoenaed will not go on as scheduled, the prosecuting attorney
shall:
(a) Make a reasonable effort to notify him of that fact; or
(b) Provide a system of notification which allows the victim or
witness to call by telephone and receive such information.
Ê In any case, the prosecuting attorney shall, if the victim or witness
so requests in writing and provides his current address, ensure that
written notice is mailed to that address. If written notice would not be
timely, the prosecuting attorney shall make a reasonable effort to notify
the victim or witness by some other means.
(Added to NRS by 1983, 889)
1. A court trying a criminal case shall provide victims and
witnesses a secure waiting area which is not used by the members of the
jury or the defendant and his family and friends.
2. A court or law enforcement agency which has custody of any
stolen or other personal property belonging to such a victim or witness
shall:
(a) Upon the written request of the victim or witness, make
available to him a list describing the property held in custody, unless
it is shown that the disclosure of the identity or nature of the property
would seriously impede the investigation of the crime; or
(b) Return the property to him expeditiously when it is no longer
needed as evidence.
3. The prosecuting attorney shall inform each such witness of the
fee to which he is entitled for testifying and how to obtain the fee.
(Added to NRS by 1983, 890)
1. The prosecuting attorney, sheriff or chief of police shall,
upon the request of a victim or witness, inform him:
(a) When the defendant is released from custody at any time before
or during the trial, including, without limitation, when the defendant is
released pending trial or subject to electronic supervision;
(b) If the defendant is so released, the amount of bail required,
if any; and
(c) Of the final disposition of the criminal case in which he was
directly involved.
2. A request for information pursuant to subsection 1 must be made:
(a) In writing; or
(b) By telephone through an automated or computerized system of
notification, if such a system is available.
3. If an offender is convicted of a sexual offense or an offense
involving the use or threatened use of force or violence against the
victim, the court shall provide:
(a) To each witness, documentation that includes:
(1) A form advising the witness of the right to be notified
pursuant to subsection 5;
(2) The form that the witness must use to request
notification in writing; and
(3) The form or procedure that the witness must use to
provide a change of address after a request for notification has been
submitted.
(b) To each person listed in subsection 4, documentation that
includes:
(1) A form advising the person of the right to be notified
pursuant to subsection 5 or 6 and NRS 176.015 , 176A.630 ,
209.392 , 209.3925 , 209.521 ,
213.010 , 213.040 , 213.095 and
213.130 ;
(2) The forms that the person must use to request
notification; and
(3) The forms or procedures that the person must use to
provide a change of address after a request for notification has been
submitted.
4. The following persons are entitled to receive documentation
pursuant to paragraph (b) of subsection 3:
(a) A person against whom the offense is committed.
(b) A person who is injured as a direct result of the commission of
the offense.
(c) If a person listed in paragraph (a) or (b) is under the age of
18 years, each parent or guardian who is not the offender.
(d) Each surviving spouse, parent and child of a person who is
killed as a direct result of the commission of the offense.
(e) A relative of a person listed in paragraphs (a) to (d),
inclusive, if the relative requests in writing to be provided with the
documentation.
5. Except as otherwise provided in subsection 6, if the offense
was a felony and the offender is imprisoned, the warden of the prison
shall, if the victim or witness so requests in writing and provides his
current address, notify him at that address when the offender is released
from the prison.
6. If the offender was convicted of a violation of subsection 3 of
NRS 200.366 or a violation of
subsection 1, paragraph (a) of subsection 2 or subparagraph (2) of
paragraph (b) of subsection 2 of NRS 200.508 , the warden of the prison shall notify:
(a) The immediate family of the victim if the immediate family
provides their current address;
(b) Any member of the victim’s family related within the third
degree of consanguinity, if the member of the victim’s family so requests
in writing and provides his current address; and
(c) The victim, if he will be 18 years of age or older at the time
of the release and has provided his current address,
Ê before the offender is released from prison.
7. The warden must not be held responsible for any injury
proximately caused by his failure to give any notice required pursuant to
this section if no address was provided to him or if the address provided
is inaccurate or not current.
8. As used in this section:
(a) “Immediate family” means any adult relative of the victim
living in the victim’s household.
(b) “Sexual offense” means:
(1) Sexual assault pursuant to NRS 200.366 ;
(2) Statutory sexual seduction pursuant to NRS 200.368
;
(3) Battery with intent to commit sexual assault pursuant to
NRS 200.400 ;
(4) An offense involving pornography and a minor pursuant to
NRS 200.710 to 200.730 , inclusive;
(5) Incest pursuant to NRS 201.180 ;
(6) Solicitation of a minor to engage in acts constituting
the infamous crime against nature pursuant to NRS 201.195 ;
(7) Open or gross lewdness pursuant to NRS 201.210 ;
(8) Indecent or obscene exposure pursuant to NRS 201.220
;
(9) Lewdness with a child pursuant to NRS 201.230 ;
(10) Sexual penetration of a dead human body pursuant to NRS
201.450 ;
(11) Luring a child or mentally ill person pursuant to NRS
201.560 , if punished as a felony;
(12) An offense that, pursuant to a specific statute, is
determined to be sexually motivated; or
(13) An attempt to commit an offense listed in this
paragraph.
(Added to NRS by 1983, 890; A 1995, 407; 1997, 3238; 2001, 1140
, 2792 ; 2003, 22 , 860 , 1384 )
DESIGNATION OF ATTENDANT TO PROVIDE SUPPORT FOR WITNESS DURING TESTIMONY
1. Except as otherwise provided in subsection 2, in a case
involving any act of domestic violence pursuant to NRS 33.018 , a violation of NRS 200.366 , 200.368 or
200.373 , a battery with intent to
commit a sexual assault pursuant to NRS 200.400 , a violation of any provision of NRS 200.5091
to 200.5099 , inclusive, a violation of NRS 201.180 , 201.210 ,
201.220 or 201.230 or an attempt or a conspiracy to commit any of
these offenses, a witness may designate an attendant who must be allowed
to attend the preliminary hearing and the trial during the witness’s
testimony to provide support.
2. In a case involving an offense in which a minor is a witness,
the witness who is a minor may designate an attendant who must be allowed
to attend the preliminary hearing and the trial during the witness’s
testimony to provide support.
3. The attendant may be designated by a party as a witness and,
except as otherwise provided in this section, must not be excluded from
the proceedings. If a party designates the attendant as a witness, the
attendant must be examined and cross-examined before any other witness
testifies.
4. Except as otherwise provided in this subsection and subsection
5, the attendant must not be a reporter or editorial employee of any
newspaper, periodical or press association or an employee of any radio or
television station. The provisions of this subsection do not apply to an
attendant to a witness in a case involving a violation of any provision
of NRS 200.5091 to 200.50995 , inclusive.
5. The parent, child, brother or sister of the witness may serve
as the attendant of the witness whether or not the attendant is a
reporter or an editorial employee of any newspaper, periodical or press
association or an employee of any radio or television station, but the
attendant shall not make notes during the hearing or trial.
6. The court:
(a) Shall, if the witness requests, allow the attendant to sit next
to the witness while the witness is testifying; or
(b) May, if the witness requests that the attendant be in another
location in the courtroom while the witness is testifying, allow the
attendant to be in that location while the witness is testifying.
7. Except as otherwise provided in this subsection, the court
shall allow the attendant to have physical contact with the witness while
the witness is testifying, if the court determines that such contact is
reasonably appropriate or necessary to provide support to the witness. If
the attendant attempts to influence or affect in any manner the testimony
of the witness during the giving of testimony or at any other time, the
court shall exclude that attendant and allow the witness to designate
another attendant.
8. A party may move to exclude a particular attendant for good
cause, and the court shall hear the motion out of the presence of the
jury, if any. If the court grants the motion, the witness may designate
another attendant.
(Added to NRS by 1983, 891; A 1995, 893, 2255; 1997, 73; 2003, 542
)
IMMUNITY OF MATERIAL WITNESSES FROM PROSECUTION
1. In any investigation before a grand jury, or any preliminary
examination or trial in any court of record, the court on motion of the
State may order that any material witness be released from all liability
to be prosecuted or punished on account of any testimony or other
evidence he may be required to produce.
2. Any motion, hearing or order regarding the immunity of a grand
jury witness must not be made public before an indictment or presentment
is issued in the case.
(Added to NRS by 1967, 1457; A 1983, 1346; 1985, 1030)
Such
order of immunity shall forever be a bar to prosecution against the
witness for any offense shown in whole or in part by such testimony or
other evidence except for perjury committed in the giving of such
testimony.
(Added to NRS by 1967, 1457)
Any witness who having been granted immunity refuses to
testify or produce other evidence is in contempt of court.
(Added to NRS by 1967, 1457)
The court shall deny the motion of
the State under NRS 178.572 if it
reasonably appears to the court that such testimony or evidence would
subject the witness to prosecution, except for perjury committed in the
giving of such testimony, under the laws of another state or of the
United States.
(Added to NRS by 1967, 1457)
SERVICE AND FILING OF PAPERS
Written motions other than
those which are heard ex parte, written notices, designations of record
on appeal and similar papers shall be served upon each of the parties.
(Added to NRS by 1967, 1457)
1. Whenever under this Title or by an order of the court service
is required or permitted to be made upon a party represented by an
attorney, the service must be made upon the attorney unless service upon
the party himself is ordered by the court.
2. Except as otherwise provided in NRS 178.589 , service upon the attorney or upon a party
must be made in the manner provided in civil actions.
(Added to NRS by 1967, 1457; A 1999, 52 )
Immediately upon the entry of an
order made on a written motion subsequent to arraignment the clerk shall
mail to each party a notice thereof and shall make a note in the docket
of the mailing. Lack of notice of the entry by the clerk does not affect
the time to appeal or relieve or authorize the court to relieve a party
for failure to appeal within the time allowed.
(Added to NRS by 1967, 1457)
Papers required to be served must
be filed with the court. Except as otherwise provided in NRS 178.589
, papers must be filed in the manner
provided in civil actions.
(Added to NRS by 1967, 1457; A 1999, 52 )
1. Except when personal service of a person is ordered by the
court or required by specific statute, a person who is represented by an
attorney may be lawfully served with any motion, notice or other legal
document by means of a facsimile machine if:
(a) The document is transmitted to the office of the attorney
representing the person; and
(b) The facsimile machine is operational and is maintained by the
attorney representing the person or the employer of that attorney.
2. In addition to any other document required by the court, a
person who uses a facsimile machine pursuant to subsection 1 to serve any
motion, notice or other legal document that is required to be filed with
the court shall attach to or include with the original document filed
with the court a copy of the confirmation report or other comparable
evidence of the transmittal of the legal document.
3. Service of any motion, notice or other legal document by
facsimile machine after 5 p.m. on the day that the document is
transmitted shall be deemed delivered on the next judicial day. The time
of transmittal set forth in this subsection is determined according to
the time at the location of the recipient of the legal document.
4. Service of any motion, notice or other legal document by
facsimile machine as authorized by this section is supplemental to and
does not affect the validity of any other manner of service authorized by
law.
5. As used in this section:
(a) “Facsimile machine” means a device that sends or receives a
reproduction or facsimile of a document or photograph which is
transmitted electronically or telephonically by telecommunications lines.
(b) “Person” includes, without limitation, a government,
governmental agency or political subdivision of a government.
(Added to NRS by 1999, 51 )
CALENDARS
1. The clerk must prepare a calendar of all criminal actions
pending in the court, enumerating them according to the date of filing of
the indictment, information or complaint, specifying opposite the title
of each action whether such action is for a felony or misdemeanor, and
whether the defendant is in custody or on bail.
2. Preference shall be given to criminal proceedings as far as
practicable.
(Added to NRS by 1967, 1457)
The issues
on the calendar must be disposed of in the following order, unless for
good cause the court directs an action to be tried in a different order:
1. Prosecutions for felony, when the defendant is in custody.
2. Prosecutions for misdemeanor, when the defendant is in custody.
3. Prosecutions in which the State, upon determining that the
physical, emotional or mental condition of the victim of, or a material
witness to, an alleged felony or gross misdemeanor is deteriorating
because of his age, an illness or an injury to himself or his spouse, has
demanded a trial within 60 days after the arraignment of the person
accused of the felony or gross misdemeanor pursuant to NRS 174.511 .
4. Prosecutions for felony, when the defendant is on bail.
5. Prosecutions for misdemeanor, when the defendant is on bail.
(Added to NRS by 1967, 1458; A 1983, 1671)
EXCEPTIONS
Exceptions to rulings or
orders of the court are unnecessary and for all purposes for which an
exception has been necessary prior to January 1, 1968, it is sufficient
that a party, at the time the ruling or order of the court is made or
sought, makes known to the court the action which he desires the court to
take or his objection to the action of the court and the grounds
therefor; but if a party has no opportunity to object to a ruling or
order, the absence of an objection does not thereafter prejudice him.
(Added to NRS by 1967, 1458)
ERROR
Any error, defect, irregularity or
variance which does not affect substantial rights shall be disregarded.
(Added to NRS by 1967, 1458)
Plain errors or defects affecting
substantial rights may be noticed although they were not brought to the
attention of the court.
(Added to NRS by 1967, 1458)
RECORDS
A docket must be kept by the deputy clerk of the Justice
Court, in which he shall enter each action, and the minutes of the
proceedings of the court therein.
(Added to NRS by 1967, 1458; A 1985, 53)
RULES OF COURT
Rules made by Justice Courts and district
courts for the conduct of criminal proceedings shall not be inconsistent
with this title.
(Added to NRS by 1967, 1458)
If no procedure is specifically prescribed by
this title, the court may proceed in any lawful manner not inconsistent
with this title or with any other applicable statute.
(Added to NRS by 1967, 1458)
THE AGREEMENT ON DETAINERS
The Agreement on Detainers, set
forth in this section, is hereby enacted into law and entered into by
this State with all other jurisdictions legally joining such agreement in
the form substantially as follows:
The Agreement on Detainers
The contracting states solemnly agree that:
Article I
The party states find that charges outstanding against a prisoner,
detainers based on untried indictments, informations or complaints, and
difficulties in securing speedy trial of persons already incarcerated in
other jurisdictions, produce uncertainties which obstruct programs of
prisoner treatment and rehabilitation. Accordingly, it is the policy of
the party states and the purpose of this agreement to encourage the
expeditious and orderly disposition of such charges and determination of
the proper status of any and all detainers based on untried indictments,
information or complaints. The party states also find that proceedings
with reference to such charges and detainers, when emanating from another
jurisdiction, cannot properly be had in the absence of cooperative
procedures. It is the further purpose of this agreement to provide such
cooperative procedures.
Article II
As used in this agreement:
(a) “State” shall mean a state of the United States; the United
States of America; a territory or possession of the United States; the
District of Columbia; the Commonwealth of Puerto Rico.
(b) “Sending state” shall mean a state in which a prisoner is
incarcerated at the time that he initiates a request for final
disposition pursuant to Article III hereof or at the time that a request
for custody or availability is initiated pursuant to Article IV hereof.
(c) “Receiving state” shall mean the state in which trial is to be
had on an indictment, information or complaint pursuant to Article III or
Article IV hereof.
Article III
(a) Whenever a person has entered upon a term of imprisonment in a
penal or correctional institution of a party state, and whenever during
the continuance of the term of imprisonment there is pending in any other
party state any untried indictment, information or complaint on the basis
of which a detainer has been lodged against the prisoner, he shall be
brought to trial within one hundred eighty days after he shall have
caused to be delivered to the prosecuting officer and the appropriate
court of the prosecuting officer’s jurisdiction written notice of the
place of his imprisonment and his request for a final disposition to be
made of the indictment, information or complaint: provided that for good
cause shown in open court, the prisoner or his counsel being present, the
court having jurisdiction of the matter may grant any necessary or
reasonable continuance. The request of the prisoner shall be accompanied
by a certificate of the appropriate official having custody of the
prisoner, stating the term of commitment under which the prisoner is
being held, the time already served, the time remaining to be served on
the sentence, the amount of good time earned, the time of parole
eligibility of the prisoner, and any decisions of the state parole agency
relating to the prisoner.
(b) The written notice and request for final disposition referred
to in paragraph (a) hereof shall be given or sent by the prisoner to the
warden, commissioner of corrections or other official having custody of
him, who shall promptly forward it together with the certificate to the
appropriate prosecuting official and court by registered or certified
mail, return receipt requested.
(c) The warden, commissioner of corrections or other official
having custody of the prisoner shall promptly inform him of the source
and contents of any detainer lodged against him and shall also inform him
of his right to make a request for final disposition of the indictment,
information or complaint on which the detainer is based.
(d) Any request for final disposition made by a prisoner pursuant
to paragraph (a) hereof shall operate as a request for final disposition
of all untried indictments, informations or complaints on the basis of
which detainers have been lodged against the prisoner from the state to
whose prosecuting official the request for final disposition is
specifically directed. The warden, commissioner of corrections or other
official having custody of the prisoner shall forthwith notify all
appropriate prosecuting officers and courts in the several jurisdictions
within the state to which the prisoner’s request for final disposition is
being sent of the proceeding being initiated by the prisoner. Any
notification sent pursuant to this paragraph shall be accompanied by
copies of the prisoner’s written notice, request, and the certificate. If
trial is not had on any indictment, information or complaint contemplated
hereby prior to the return of the prisoner to the original place of
imprisonment, such indictment, information or complaint shall not be of
any further force or effect, and the court shall enter an order
dismissing the same with prejudice.
(e) Any request for a final disposition made by a prisoner pursuant
to paragraph (a) hereof shall also be deemed to be a waiver of
extradition with respect to any charge or proceeding contemplated thereby
or included therein by reason of paragraph (d) hereof, and a waiver of
extradition to the receiving state to serve any sentence there imposed
upon him, after completion of his term of imprisonment in the sending
state. The request for final disposition shall also constitute a consent
by the prisoner to the production of his body in any court where his
presence may be required in order to effectuate the purposes of this
agreement and a further consent voluntarily to be returned to the
original place of imprisonment in accordance with the provisions of this
agreement. Nothing in this paragraph shall prevent the imposition of a
concurrent sentence if otherwise permitted by law.
(f) Escape from custody by the prisoner subsequent to his execution
of the request for final disposition referred to in paragraph (a) hereof
shall void the request.
Article IV
(a) The appropriate officer of the jurisdiction in which an untried
indictment, information or complaint is pending shall be entitled to have
a prisoner against whom he has lodged a detainer and who is serving a
term of imprisonment in any party state made available in accordance with
Article V (a) hereof upon presentation of a written request for temporary
custody or availability to the appropriate authorities of the state in
which the prisoner is incarcerated: provided that the court having
jurisdiction of such indictment, information or complaint shall have duly
approved, recorded and transmitted the request: and provided further that
there shall be a period of thirty days after receipt by the appropriate
authorities before the request be honored, within which period the
governor of the sending state may disapprove the request for temporary
custody or availability, either upon his own motion or upon motion of the
prisoner.
(b) Upon receipt of the officer’s written request as provided in
paragraph (a) hereof, the appropriate authorities having the prisoner in
custody shall furnish the officer with a certificate stating the term of
commitment under which the prisoner is being held, the time already
served, the time remaining to be served on the sentence, the amount of
good time earned, the time of parole eligibility of the prisoner, and any
decisions of the state parole agency relating to the prisoner. Said
authorities simultaneously shall furnish all other officers and
appropriate courts in the receiving state who have lodged detainers
against the prisoner with similar certificates and with notices informing
them of the request for custody or availability and of the reasons
therefor.
(c) In respect of any proceeding made possible by this Article,
trial shall be commenced within one hundred twenty days of the arrival of
the prisoner in the receiving state, but for good cause shown in open
court, the prisoner or his counsel being present, the court having
jurisdiction of the matter may grant any necessary or reasonable
continuance.
(d) Nothing contained in this Article shall be construed to deprive
any prisoner of any right which he may have to contest the legality of
his delivery as provided in paragraph (a) hereof, but such delivery may
not be opposed or denied on the ground that the executive authority of
the sending state has not affirmatively consented to or ordered such
delivery.
(e) If trial is not had on any indictment, information or complaint
contemplated hereby prior to the prisoner’s being returned to the
original place of imprisonment pursuant to Article V (e) hereof, such
indictment, information or complaint shall not be of any further force or
effect, and the court shall enter an order dismissing the same with
prejudice.
Article V
(a) In response to a request made under Article III or Article IV
hereof, the appropriate authority in a sending state shall offer to
deliver temporary custody of such prisoner to the appropriate authority
in the state where such indictment, information or complaint is pending
against such person in order that speedy and efficient prosecution may be
had. If the request for final disposition is made by the prisoner, the
offer of temporary custody shall accompany the written notice provided
for in Article III of this agreement. In the case of a federal prisoner,
the appropriate authority in the receiving state shall be entitled to
temporary custody as provided by this agreement or to the prisoner’s
presence in federal custody at the place for trial, whichever custodial
arrangement may be approved by the custodian.
(b) The officer or other representative of a state accepting an
offer of temporary custody shall present the following upon demand:
(1) Proper identification and evidence of his authority to
act for the state into whose temporary custody the prisoner is to be
given.
(2) A duly certified copy of the indictment, information or
complaint on the basis of which the detainer has been lodged and on the
basis of which the request for temporary custody of the prisoner has been
made.
(c) If the appropriate authority shall refuse or fail to accept
temporary custody of said person, or in the event that an action on the
indictment, information or complaint on the basis of which the detainer
has been lodged is not brought to trial within the period provided in
Article III or Article IV hereof, the appropriate court of the
jurisdiction where the indictment, information or complaint has been
pending shall enter an order dismissing the same with prejudice, and any
detainer based thereon shall cease to be of any force or effect.
(d) The temporary custody referred to in this agreement shall be
only for the purpose of permitting prosecution on the charge or charges
contained in one or more untried indictments, informations or complaints
which form the basis of the detainer or detainers or for prosecution on
any other charge or charges arising out of the same transaction. Except
for his attendance at court and while being transported to or from any
place at which his presence may be required, the prisoner shall be held
in a suitable jail or other facility regularly used for persons awaiting
prosecution.
(e) At the earliest practicable time consonant with the purposes of
this agreement, the prisoner shall be returned to the sending state.
(f) During the continuance of temporary custody or while the
prisoner is otherwise being made available for trial as required by this
agreement, time being served on the sentence shall continue to run but
good time shall be earned by the prisoner only if, and to the extent
that, the law and practice of the jurisdiction which imposed the sentence
may allow.
(g) For all purposes other than that for which temporary custody as
provided in this agreement is exercised, the prisoner shall be deemed to
remain in the custody of and subject to the jurisdiction of the sending
state and any escape from temporary custody may be dealt with in the same
manner as an escape from the original place of imprisonment or in any
other manner permitted by law.
(h) From the time that a party state receives custody of a prisoner
pursuant to this agreement until such prisoner is returned to the
territory and custody of the sending state, the state in which the one or
more untried indictments, informations or complaints are pending or in
which trial is being had shall be responsible for the prisoner and shall
also pay all costs of transporting, caring for, keeping and returning the
prisoner. The provisions of this paragraph shall govern unless the states
concerned shall have entered into a supplementary agreement providing for
a different allocation of costs and responsibilities as between or among
themselves. Nothing herein contained shall be construed to alter or
affect any internal relationship among the departments, agencies and
officers of and in the government of a party state, or between a party
state and its subdivisions, as to the payment of costs, or
responsibilities therefor.
Article VI
(a) In determining the duration and expiration dates of the time
periods provided in Articles III and IV of this agreement, the running of
said time periods shall be tolled whenever and for as long as the
prisoner is unable to stand trial, as determined by the court having
jurisdiction of the matter.
(b) No provision of this agreement, and no remedy made available by
this agreement, shall apply to any person who is adjudged to be mentally
ill.
Article VII
Each state party to this agreement shall designate an officer who,
acting jointly with like officers of other party states, shall promulgate
rules and regulations to carry out more effectively the terms and
provisions of this agreement, and who shall provide, within and without
the state, information necessary to the effective operation of this
agreement.
Article VIII
This agreement shall enter into full force and effect as to a party
state when such state has enacted the same into law. A state party to
this agreement may withdraw herefrom by enacting a statute repealing the
same. However, the withdrawal of any state shall not affect the status of
any proceedings already initiated by inmates or by state officers at the
time such withdrawal takes effect, nor shall it affect their rights in
respect thereof.
Article IX
This agreement shall be liberally construed so as to effectuate its
purposes. The provisions of this agreement shall be severable and if any
phrase, clause, sentence or provision of this agreement is declared to be
contrary to the constitution of any party state or of the United States
or the applicability thereof to any government, agency, person or
circumstance is held invalid, the validity of the remainder of this
agreement and the applicability thereof to any government, agency, person
or circumstance shall not be affected thereby. If this agreement shall be
held contrary to the constitution of any state party hereto, the
agreement shall remain in full force and effect as to the remaining
states and in full force and effect as to the state affected as to all
severable matters.
(Added to NRS by 1971, 640)
The
Director of the Department of Corrections shall comply with the
provisions of Articles III and IV of The Agreement on Detainers whenever
he has in his custody a prisoner who has detainers lodged against him
from other jurisdictions which are parties to such agreement.
(Added to NRS by 1971, 645; A 1977, 863; 2001 Special Session, 223
)
The Governor shall appoint the
officer provided in Article VII of The Agreement on Detainers.
(Added to NRS by 1971, 645; A 1983, 539)
REQUEST FOR DETAINER
1. If the Attorney General, a prosecuting attorney or an agency of
criminal justice in this State receives a request from the Department of
Corrections, it shall respond in writing within 14 working days setting
forth any charges that are pending against the offender.
2. If the Attorney General, a prosecuting attorney or an agency of
criminal justice indicates in its response pursuant to subsection 1 that
felony charges are pending against an offender, it shall, or if
misdemeanor charges are pending against an offender, it may, request in
the response that upon release of the offender from the custody of the
Department of Corrections, the Department release the offender to an
agency of criminal justice in this State that is authorized to detain a
person pending prosecution. The Attorney General, a prosecuting attorney
or an agency of criminal justice may submit such a request to the
Department of Corrections at any other time, if charges are filed against
an offender.
3. If an offender is convicted, acquitted or the charges against
him are dropped after a request was submitted pursuant to this section,
the Attorney General, prosecuting attorney or agency of criminal justice
who submitted the request shall withdraw the request by providing a
certified copy of the judgment to the Department of Corrections if the
offender was convicted or acquitted, or by providing proof to the
Department that the charges were dropped.
4. The Attorney General, a prosecuting attorney or an agency of
criminal justice shall notify the Department of Corrections upon receipt
of a detainer against an inmate from another jurisdiction who is
transferred to the custody of the Department of Corrections.
(Added to NRS by 1997, 917; A 2001 Special Session, 223 )
MISCELLANEOUS PROVISIONS
1. The district attorney for each county shall prepare and submit
a report to the Supreme Court not later than February 1 of each year
concerning each case filed during the previous calendar year that
included a charge for murder or voluntary manslaughter. The district
attorney shall exclude from the report any charge for manslaughter that
resulted from a death in an accident or collision involving a motor
vehicle.
2. The report required pursuant to subsection 1 must include,
without limitation:
(a) The age, gender and race of the defendant;
(b) The age, gender and race of any codefendant or other person
charged or suspected of having participated in the homicide and in any
alleged related offense;
(c) The age, gender and race of the victim of the homicide and any
alleged related offense;
(d) The date of the homicide and of any alleged related offense;
(e) The date of filing of the information or indictment;
(f) The name of each court in which the case was prosecuted;
(g) Whether or not the prosecutor filed a notice of intent to seek
the death penalty and, if so, when the prosecutor filed the notice;
(h) The final disposition of the case and whether or not the case
was tried before a jury;
(i) The race, ethnicity and gender of each member of the jury, if
the case was tried by a jury; and
(j) The identity of:
(1) Each prosecuting attorney who participated in the
decision to file the initial charges against the defendant;
(2) Each prosecuting attorney who participated in the
decision to offer or accept a plea, if applicable;
(3) Each prosecuting attorney who participated in the
decision to seek the death penalty, if applicable; and
(4) Each person outside the office of the district attorney
who was consulted in determining whether to seek the death penalty or to
accept or reject a plea, if any.
3. If all the information required pursuant to subsection 1 cannot
be provided because the case is still in progress, an additional report
must be filed with the Supreme Court each time a subsequent report is
filed until all the information, to the extent available, has been
provided.
(Added to NRS by 2003, 2084 )
