In general, existing law requires a court to hold a pretrial release hearing to determine the custody status of a person within 48 hours after the person has been taken into custody. However, existing law authorizes a court to continue such a pretrial release hearing if good cause is shown by a party. (NRS 178.4849) Section 1.2 of this bill instead authorizes the court to continue a pretrial release hearing: (1) at the request of either party or the court and for good cause shown; or (2) upon stipulation of the parties. Section 1.2 also: (1) prescribes certain requirements relating to the scheduling of a pretrial release hearing continued by the court; (2) authorizes the prosecuting attorney, the defendant and the defendant's attorney to appear at a pretrial release hearing by any means of remote communication; and (3) authorizes a magistrate who presides over a pretrial release hearing to do so by means of remote communication. Section 1 of this bill authorizes a district attorney and any attorney employed by a district attorney to prosecute a person in a county other than the county by which the district attorney is employed for the limited purpose of conducting a pretrial release hearing. Section 1 also provides that a public defender and the State Public Defender may, pursuant to an interlocal agreement, authorize the public defender, State Public Defender or any other attorney employed by the public defender or State Public Defender to provide for the representation of a defendant in a pretrial release hearing in any county. Finally, section 1 authorizes: (1) a district attorney, assistant district attorney, deputy district attorney or other attorney employed by a district attorney to receive a stipend for being available on a weekend or holiday to serve as the prosecuting attorney in a pretrial release hearing or for serving as the prosecuting attorney in any such pretrial release hearing conducted on a weekend or holiday; and (2) a public defender, the State Public Defender or any other attorney employed by the public defender or State Public Defender to receive a stipend for being available on a weekend or holiday to represent a defendant in a pretrial release hearing or for representing a defendant in any such pretrial release hearing conducted on a weekend or holiday. 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 1.7 of this bill authorizes a justice of the peace, pursuant to an interlocal agreement, to conduct a pretrial release hearing in a municipal court. Existing law sets forth the powers and duties of municipal courts. (NRS 5.050) Section 1.9 of this bill authorizes a municipal judge, pursuant to an interlocal agreement, to conduct a pretrial release hearing in a justice court. Existing law provides that a court may only impose bail or a condition of release, or both, on a person if the imposition is the least restrictive means necessary to protect the safety of the community or to ensure the appearance of the person in court. Under existing law, if a person fails to comply with a condition of release imposed by the court, the court may, after providing the person with notice and an opportunity for a hearing: (1) deem such conduct contempt; (2) increase the amount of bail; or (3) revoke bail and remand the person into custody. (NRS 178.4851) Section 1.5 of this bill authorizes the court to impose on a person who fails to comply with a condition of release such additional conditions of release as the court deems necessary to protect the safety of the community or to ensure the person will appear at the times and places ordered by the court.

Statutes affected:
As Introduced: 178.4849
Reprint 1: 178.4849, 178.4851
Reprint 2: 178.4849, 178.4851, 4.370, 5.050
As Enrolled: 178.4849, 178.4851, 4.370, 5.050
BDR: 178.4849