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2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.471 - Effect of conditional release of person committed to custody of Administrator; authority of court over person conditionally released.

1. When a person is conditionally released pursuant to NRS 178.467 to 178.471, inclusive:
(a) The State and any of its agents or employees are not liable for any debts or contractual obligations, medical or otherwise, incurred or damages caused by the actions of the person; and
(b) The court shall order the restoration of full civil and legal rights as deemed necessary to facilitate the person’s rehabilitation.
2. When a person is conditionally released pursuant to NRS 178.467 to 178.471, inclusive, the court shall order the Division to conduct an evaluation of the person as often as is deemed necessary to determine whether the person:
(a) Has complied with the conditions of release; or
(b) Presents a clear and present danger of harm to himself or herself or others.
3. The court may order a person who is conditionally released pursuant to NRS 178.467 to 178.471, inclusive, returned to the custody of the Administrator if the court determines that the conditional release is no longer appropriate because that person:
(a) Has violated a condition of release; or
(b) Presents a clear and present danger of harm to himself or herself or others.
(Added to NRS by 2007, 1426)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.4715 - Notification of victims upon discharge, conditional release or escape.

1. If a person is committed to the custody of the Administrator and is subject to the provisions of NRS 178.463 to 178.471, inclusive, a victim of the person may request the Administrator or the Administrator’s designee to notify the victim of the person’s discharge, conditional release or escape from the custody of the Administrator by submitting to the Administrator:
(a) A written request for notification; and
(b) The current address of the victim.
2. If the Administrator or the Administrator’s designee receives a request for notification pursuant to subsection 1, the Administrator or the Administrator’s designee shall notify the victim if the person committed to the custody of the Administrator:
(a) Will be discharged or conditionally released pursuant to NRS 178.463 to 178.471, inclusive, at least 10 days before the discharge or release; or
(b) Has escaped from the custody of the Administrator.
3. A person described in subsection 1 must not be discharged or released from commitment, temporarily or otherwise, for any purpose unless notification of the discharge or release has been mailed to the last known address of every victim of the person who has requested notification pursuant to subsection 1.
4. The Administrator or the Administrator’s designee may not be held responsible for any injury proximately caused by the failure to give any notice required pursuant to this section if no address was provided to the Administrator or the Administrator’s designee or if the address provided is inaccurate or not current.
5. All personal information, including, but not limited to, a current or former address, which pertains to a victim and which is received by the Administrator or the Administrator’s designee pursuant to this section is confidential.
6. As used in this section, "victim" means:
(a) A person, including, without limitation, a governmental entity, against whom an act has been committed for which the person committed to the custody of the Administrator has been charged;
(b) A person who has been injured or killed as a direct result of the commission of an act for which the person committed to the custody of the Administrator has been charged; or
(c) A relative of a person described in paragraph (a) or (b). For the purposes of this paragraph, a "relative" of a person includes:
(1) A spouse, parent, grandparent or stepparent;
(2) A natural born child, stepchild or adopted child;
(3) A grandchild, brother, sister, half brother or half sister; or
(4) A parent of a spouse.
(Added to NRS by 2009, 71)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.472 - Computation.

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)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.476 - Enlargement.

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,
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)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.478 - Motions; affidavits.

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)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.482 - Additional time after service by mail.

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 the party and the notice or other paper is served by mail, 3 days shall be added to the prescribed period.
(Added to NRS by 1967, 1451)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.483 - "Electronic transmission," "electronically transmit" and "electronically transmitted" defined.

As used in NRS 178.483 to 178.548, inclusive, unless the context otherwise requires, "electronic transmission," "electronically transmit" or "electronically transmitted" means any form or process of communication not directly involving the physical transfer of paper or another tangible medium which:
1. Is suitable for the retention, retrieval and reproduction of information by the recipient; and
2. Is retrievable and reproducible in paper form by the recipient through an automated process used in conventional commercial practice.
(Added to NRS by 2017, 275; A 2021, 1948, 2230)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.4845 - Court order prohibiting contact with victim: Request by victim; court required to consider request; notification regarding consequences of violating order; expiration; renewal of order; transmittal of copy of order to Central Repository for Nevada Records of Criminal History; penalty for violation of order.

1. Before a court makes a determination of bail concerning a person, a victim may request that a court issue an order imposing a condition of release prohibiting contact.
2. A court shall consider a request described in subsection 1.
3. Upon the issuance of an order imposing a condition of release prohibiting contact, the court shall notify the person subject to the order that violating the order may result in:
(a) The person being charged with a misdemeanor;
(b) The modification or addition of any condition of release;
(c) The revocation of bail and remand of the person to custody; or
(d) The imposition of any other penalty prescribed by law.
4. An order imposing a condition of release prohibiting contact, and any modification thereof, expires within such time, not to exceed 120 calendar days, as the court fixes.
5. The court may, before the expiration of an order imposing a condition of release prohibiting contact and upon motion or at the discretion of the court, after notice and a hearing, renew the order for good cause shown.
6. After the court issues an order imposing, modifying, suspending or canceling a condition of release prohibiting contact, the court shall transmit, as soon as practicable and in a manner prescribed by the Central Repository for Nevada Records of Criminal History, a copy of the order to the Central Repository.
7. A person who knowingly violates an order imposing a condition of release prohibiting contact is guilty of a misdemeanor.
8. Nothing in this section shall be construed to require a court to receive a request pursuant to subsection 1 before issuing an order imposing a condition of release prohibiting contact.
9. As used in this section:
(a) "Cancel" includes, without limitation, any act that would effectively terminate a condition of release prohibiting contact, including, without limitation:
(1) The dismissal of the action or proceeding against the person;
(2) A prosecuting attorney declining to prosecute the person;
(3) The conviction of the person; or
(4) The acquittal of the person.
(b) "Condition of release prohibiting contact" means a condition placed on a person who is released pending trial that prohibits 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 the person’s behalf.
(Added to NRS by 2021, 1948)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.4847 - Adoption of administrative order relating to circumstances under which person may be released from custody without pretrial release hearing.

A court of competent jurisdiction may adopt an administrative order relating to the circumstances under which a person may be released from custody without a pretrial release hearing, including, without limitation, those circumstances under which a sheriff or chief of police may release, without bail, a person charged with a misdemeanor.
(Added to NRS by 2021, 2230)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.4849 - Pretrial release hearing required to be held within 48 hours after person taken into custody to determine custody status; exceptions; continuance; appearance by means of remote communication.

1. Except as otherwise provided in subsection 2 and NRS 178.484 and 178.4847, a court shall, within 48 hours after a person has been taken into custody, hold a pretrial release hearing, in open court or by means of remote communication, to determine the custody status of the person.
2. The court may continue a pretrial release hearing:
(a) At the request of either party or the court and for good cause shown.
(b) Upon stipulation of the parties. The court shall schedule a hearing continued pursuant to this paragraph for the date specified by stipulation.
3. A stipulation made pursuant to subsection 2 may be:
(a) An oral stipulation; or
(b) A written stipulation communicated by mail, by electronic mail, via the Internet or by other electronic means.
4. The prosecuting attorney, the defendant and the defendant’s attorney may appear at a pretrial release hearing by means of remote communication. An appearance by means of remote communication must be treated in the same manner as an appearance in person.
5. A magistrate who presides over a pretrial release hearing may do so by means of remote communication.
6. As used in this section:
(a) "Magistrate" means a judicial officer who presides over a pretrial release hearing.
(b) "Remote communication" means communication through telephone or videoconferencing.
(Added to NRS by 2021, 2230; A 2023, 2504)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.4853 - Factors considered in reviewing custody status.

In reviewing the custody status of a person, the court at a minimum shall consider the following factors concerning the person:
1. The length of residence in the community;
2. The status and history of employment;
3. Relationships with the person’s spouse and children, parents or other family members and with close friends;
4. Reputation, character and mental condition;
5. Prior criminal record, including, without limitation, any record of 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 the person is charged, the apparent probability of conviction and the likely sentence, insofar as these factors relate to the risk of 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 the person after release; and
10. Any other factors concerning the person’s ties to the community or bearing on the risk that the person may willfully fail to appear.
(Added to NRS by 1981, 1584; A 1985, 809; 1997, 3360; 2021, 3581)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.4855 - Limitations on release without bail of certain defendants who are taken into custody while admitted to bail on other charges; notice to bail agent required.

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 the defendant 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,
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)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.486 - When bail is matter of discretion, notice of application must be given to district attorney.

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 the court or officer may deem reasonable to be given to the district attorney of the county where the examination is had.
(Added to NRS by 1967, 1452)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.487 - Bail after arrest for felony offense committed while on bail.

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 the defendant is brought after an arrest upon the second charge.
(Added to NRS by 1971, 574; A 1973, 348)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.4871 - Postconviction petitioner for habeas corpus: Limitations on release.

A person who has filed a postconviction petition for habeas corpus challenging a judgment of conviction or sentence:
1. Must not in any case be released on the person’s own recognizance.
2. Must not be admitted to bail pending a review of the 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; 2023, 1638)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.4873 - Postconviction petitioner for habeas corpus: Release pending appeal.

If a district court denies a postconviction petition for habeas corpus challenging a judgment of conviction or sentence, the petitioner must not be released on the petitioner’s 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; 2023, 1638)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.4875 - Proceeding for forfeiture of bail pending review or appeal; proceeding for recommitment of defendant.

1. If the court admits a petitioner to bail pending review of the 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)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.488 - Right to bail upon review; notice of application to be given district attorney.

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 appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution, bail may be allowed by the district court or any judge thereof, by the Court of Appeals or any judge thereof or by the Supreme Court or 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 the court or judge 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; 2013, 1762)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.494 - Bail for material witnesses; judicial review of detention or amount of bail; scheduling of case in which material witness will testify.

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 the person’s presence by subpoena, the magistrate may require bail for the person’s appearance as a witness, in an amount fixed by the magistrate. If the person fails to give bail the magistrate may:
(a) Commit the person to the custody of a peace officer pending final disposition of the proceeding in which the testimony is needed;
(b) Order the person’s release if the person has been detained for an unreasonable length of time; and
(c) Modify at any time the requirement as to bail.
2. Except as otherwise provided in subsection 3, every person detained as a material witness must be brought before a judge or magistrate as soon as practicable, but not later than 72 hours after the beginning of the detention. The judge or magistrate shall consider the least restrictive means to secure the person’s presence and 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. If the court determines that detention of the material witness should continue, the court must make written findings stating why detention should continue.
3. A person detained as a material witness pursuant to this section who is a victim of domestic violence or sexual assault:
(a) Must be brought before a judge or magistrate, as soon as practicable, but not later than 24 hours after the beginning of the detention;
(b) May be detained or continue detention pursuant to a determination by telephone; and
(c) Must have an attorney appointed by the judge or magistrate, who, to the extent practicable, shall participate in any determination regarding detention pursuant to this section.
4. The judge or magistrate shall:
(a) Set a schedule for the periodic review of whether the amount of bail required should be modified and whether detention should continue; and
(b) Schedule the case in which the material witness will testify to take place as soon as possible if substantial rights of the defendant are not prejudiced.
5. As used in this section:
(a) "Domestic violence" means the commission of any act described in NRS 33.018.
(b) "Sexual assault" has the meaning ascribed to it in NRS 49.2543.
(Added to NRS by 1967, 1452; A 1989, 327; 2019, 2269)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.498 - Amount.

In deciding the amount of bail to impose on a person, the court shall consider:
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; 2021, 3581)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.499 - Increase in amount.

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)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.502 - Form of bail; extension of bond or undertaking to proceedings in other courts; exoneration; place of deposit.

1. A person required or permitted to give bail shall execute a bond for the person’s appearance. The magistrate or court or judge or justice, having regard to the considerations set forth in NRS 178.4851, 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 arising from the charge on which bail was first given in any of these courts; and
(b) Remains in effect until exonerated by the court.
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. Except as otherwise provided in subsection 5, the court shall exonerate the bond or undertaking for bail if:
(a) The action or proceeding against a defendant who has been admitted to bail is dismissed; or
(b) No formal action or proceeding is instituted against a defendant who has been admitted to bail.
5. The court may delay exoneration of the bond or undertaking for bail for a period not to exceed 30 days if, at the time the action or proceeding against a defendant who has been admitted to bail is dismissed, the defendant:
(a) Has been indicted or is charged with a public offense which is the same or substantially similar to the charge upon which bail was first given and which arises out of the same act or omission supporting the charge upon which bail was first given; or
(b) Requests to remain admitted to bail in anticipation of being later indicted or charged with a public offense which is the same or substantially similar to the charge upon which bail was first given and which arises out of the same act or omission supporting the charge upon which bail was first given.
If the defendant has already been indicted or charged, or is later indicted or charged, with a public offense arising out of the same act or omission supporting the charge upon which bail was first given, the bail must be applied to the public offense for which the defendant has been indicted or charged or is later indicted or 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 or electronically transmit 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; 2017, 275; 2019, 650; 2021, 3582)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.504 - Justification of sureties.

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 the surety proposes to justify and the encumbrances thereon;
(b) The number and amount of other bonds and undertakings for bail entered into by the surety and remaining undischarged; and
(c) All other liabilities.
2. No bond shall be approved unless the surety thereon appears to be qualified.
3. A corporate surety that is authorized to transact insurance in this State pursuant to chapter 680A of NRS is a sufficient surety for all courts and shall be deemed to be qualified for purposes of this section.
(Added to NRS by 1967, 1453; A 2009, 240)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.508 - Duties of court when defendant fails to appear; procedure for issuing order of forfeiture; when forfeiture becomes effective; grounds for extending date of forfeiture.

1. If the defendant fails to appear when the defendant’s 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 14 judicial 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 the depositor is not the defendant, be given notice that the defendant has failed to appear, by certified mail or electronic transmission, receipt of delivery requested, within 20 days after the date on which the defendant failed to appear. The court shall execute an affidavit of such mailing or electronic transmission 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 the court and signed by the court. An order of forfeiture must include the date on which the forfeiture becomes effective. The undertaking or money deposited instead of bail bond is forfeited 180 days after the date on which the notice is mailed or electronically transmitted 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,
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; 2015, 2567; 2017, 276)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.509 - Exoneration of surety before date of forfeiture: Conditions; grounds.

1. If the defendant fails to appear when the defendant’s 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,
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; 2007, 420; 2015, 2567)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.512 - Setting aside forfeiture: Conditions; grounds; when written finding is required.

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 the defendant’s absence;
(2) Was dead before the date of the forfeiture but the surety did not know and could not reasonably have known of the defendant’s death before that date;
(3) Was unable to appear before the court before the date of the forfeiture because of the defendant’s illness or insanity, but the surety did not know and could not reasonably have known of the illness or insanity before that date;
(4) Was unable to appear before the court before the date of the forfeiture because the defendant was being detained by civil or military authorities, but the surety did not know and could not reasonably have known of the defendant’s detention before that date; or
(5) Was unable to appear before the court before the date of the forfeiture because the defendant was deported, but the surety did not know and could not reasonably have known of the defendant’s deportation before that date,
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.
(Added to NRS by 1967, 1453; A 1979, 1401; 1999, 1847; 2003, 2104, 3338; 2005, 108; 2015, 2568)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.514 - Enforcement of forfeiture.

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 an order setting aside a forfeiture has not been entered within 180 days after the issuance of the order of forfeiture, 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 or electronically transmit copies to the obligors to their last known addresses or by means that have been designated by the obligors for the purpose of receiving electronic transmissions.
(Added to NRS by 1967, 1453; A 2003, 2105; 2015, 2568; 2017, 277)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.516 - Remission of forfeited money.

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)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.518 - Payment of forfeited deposits to county treasurer or State Controller.

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)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.522 - Exoneration of bail.

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)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.524 - Deposit required in certain cases.

If the defendant surrenders himself or herself 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 the defendant was committed at the time of giving bail, the bail may make application to the court for the discharge of the 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)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.526 - Arrest of defendant.

1. For the purpose of surrendering a defendant, a surety or the appointed bail agent of 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,
cause the defendant to be arrested by a bail enforcement agent who is licensed pursuant to chapter 697 of NRS.
2. A 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; 2023, 2654)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.528 - Disposition of money deposited as bail.

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)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.532 - Recommitment of defendant after having given bail or deposited money.

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 commitment to the officer to whose custody the defendant was committed at the time of giving bail, and the defendant’s detention until legally discharged, in the following cases:
1. When, by reason of the defendant’s failure to appear, the defendant has incurred a forfeiture of bail, or of money deposited instead thereof, as provided in NRS 178.506.
2. When it satisfactorily appears to the court that the defendant’s 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)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.534 - Contents of order for recommitment.

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, police officer 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)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.536 - Arrest on order of recommitment.

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)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.538 - Commitment of defendant on order when defendant fails to appear for judgment; if order issued for other cause, defendant may be admitted to bail.

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)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.542 - Records: District court.

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)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.544 - Records: Justice Court.

1. Whenever a person is admitted to bail in a Justice Court and the bail is put in by a written undertaking, the 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 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; 2023, 164)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.546 - Records: Court of Appeals and Supreme Court.

1. Whenever a person is admitted to bail by the Court of Appeals, the Supreme Court, a judge of the Court of Appeals 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; 2013, 1762)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.548 - Notification of district attorney when bail bond is forfeited.

The county clerk, the 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; 2023, 164)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.552 - Form; contents.

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)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.554 - Dismissal by district attorney or Attorney General by leave of court.

The district attorney, or the Attorney General in those cases which have been initiated by the Attorney General, 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)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.556 - Dismissal by court for unnecessary delay.

1. If no indictment is found or information filed against a person within 15 days after the person 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 the defendant’s 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 the defendant’s 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)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.562 - Dismissal or discharge as bar to another prosecution.

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 the person 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)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.563 - Notice to defendant of provisions concerning sealing of records of proceedings leading to dismissal.

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)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.564 - Certain offenses for which party injured has civil action may be compromised.

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 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)
2023 Nevada Revised Statutes › Chapter 178 - General Provisions › NRS 178.566 - Compromise to be by permission of court; order to bar another prosecution.

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 the party 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)