The Nevada Constitution prohibits the imposition of excessive bail and requires all persons arrested for offenses other than murder of the first degree to be admitted to bail. (Nev. Const. Art. 1, §§ 6, 7) Recently, the Nevada Supreme Court held that a provision of law requiring an arrested person to show good cause before being released without bail violated his or her constitutional right to nonexcessive bail. Specifically, the Nevada Supreme Court held that the provision of law was unconstitutional because it: (1) did not require the court to consider less restrictive conditions of release before determining that the imposition of bail was necessary; and (2) effectively relieved the State from its burden of proving that the imposition of bail on the person was necessary to protect the safety of the community or to ensure the appearance of the person in court. (Valdez-Jimenez v. Eighth Jud. Dist. Court, 136 Nev. 155 (2020); Nev. Const. Art. 1, §§ 6, 7; NRS 178.4851) Section 3 of this bill removes the provision of law that was found unconstitutional and section 4 of this bill makes a conforming change. Existing law sets forth separate procedures for releasing persons with bail and releasing persons without bail. (NRS 178.484, 178.4851) Specifically, existing law: (1) restricts persons from being released on bail under certain circumstances; and (2) mandates specific amounts of bail for offenses involving domestic violence and violations of certain orders for protections. (NRS 178.484) Section 2 of this bill retains the existing restrictions and specific amounts of bail while section 3 consolidates the existing procedures for releasing persons with bail and releasing persons without bail into a standard procedure for courts to follow in making pretrial custody determinations. Sections 1, 5 and 6 of this bill make conforming changes to reflect the consolidation of the procedures. Section 3 requires the court: (1) to only impose bail or a condition of release, or both, on a person as it deems to be the least restrictive means necessary to protect the safety of the community or to ensure that the person will appear at all times and places ordered by the court, with regard to certain factors; and (2) to make certain findings of fact relating to the imposition of bail or any condition of release, or both. Section 3 also requires a prosecuting attorney, if he or she requests the imposition of bail or a condition of release on a person, to prove by clear and convincing evidence that the imposition of bail is necessary to protect the safety of the community or to ensure the appearance of the person in court.

Statutes affected:
As Introduced: 171.1845, 178.484, 178.4851, 178.4853, 178.498, 178.502
Reprint 1: 171.1845, 178.484, 178.4851, 178.4853, 178.498, 178.502
Reprint 2: 171.1845, 178.484, 178.4851, 178.4853, 178.498, 178.502
Reprint 3: 171.1845, 178.484, 178.4851, 178.4853, 178.498, 178.502
Reprint 4: 171.1845, 178.484, 178.4851, 178.4853, 178.498, 178.502
As Enrolled: 171.1845, 178.484, 178.4851, 178.4853, 178.498, 178.502