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) Existing law sets forth separate procedures for a court to release a person with bail and without bail. (NRS 178.484, 178.4851) Section 5.7 of this bill requires courts to hold a pretrial release hearing, in open court or by means of remote communication, to determine the custody status of a person within 48 hours after the person has been taken into custody, unless good cause is shown by a party, in which case the court is authorized to continue the pretrial release hearing. Existing law provides that, with certain exceptions, in criminal cases the jurisdiction of a justice of the peace extends to the limits of the county of the justice of the peace. (NRS 4.370) Section 14.5 of this bill authorizes a justice of the peace to conduct a pretrial release hearing for a person in another township. Existing law authorizes a sheriff or chief of police to release, without bail, a person charged with a misdemeanor in accordance with the standards established by a court of competent jurisdiction. (NRS 178.4851) Section 5.5 of this bill authorizes a court of competent jurisdiction to adopt an administrative order relating to the circumstances under which a person may be released from custody pending trial, including, without limitation, those circumstances under which a sheriff or chief of police may release a person, without bail, who is charged with a misdemeanor.

Statutes affected:
As Introduced: 171.178, 171.1845, 178.483, 178.484, 178.4851, 178.4853, 178.498, 178.502, 484A.760, 484D.680, 706.756
Reprint 1: 171.178, 171.1845, 178.483, 178.484, 178.4851, 178.4853, 178.498, 178.502, 178.528, 484A.760, 484D.680, 706.756
Reprint 2: 178.483, 4.370
As Enrolled: 178.483, 4.370