2005 Nevada Revised Statutes - Chapter 178 — General Provisions

CHAPTER 178 - GENERAL PROVISIONS

RIGHTS OF DEFENDANT

NRS 178.388 Presenceof defendant.

NRS 178.391 Secondprosecution for same offense prohibited.

NRS 178.394 Noperson to be compelled to be witness against himself in criminal action, or tobe unnecessarily restrained.

NRS 178.397 Assignmentof counsel.

NRS 178.3971 Appointmentof defense team for defendant accused of murder of first degree.

RECOUPMENT OF EXPENSES OF DEFENSE OF INDIGENTS

NRS 178.3975 Orderfor payment by defendant; remission of payment; disposition of amountsrecovered; community service.

NRS 178.398 Executionagainst defendants property.

INQUIRY INTO COMPETENCE OF DEFENDANT AND PROCEDURE FOLLOWINGFINDING OF INCOMPETENCE

NRS 178.399 Treatmentto competency defined.

NRS 178.400 Incompetentperson cannot be tried or adjudged to punishment for public offense.

NRS 178.405 Suspensionof trial or pronouncement of judgment when doubt arises as to competence ofdefendant.

NRS 178.415 Appointmentof person or persons to examine defendant; hearing; finding.

NRS 178.417 Certificationof person who evaluates competency of defendant required.

NRS 178.420 Procedureon finding defendant competent.

NRS 178.425 Procedureon finding defendant incompetent.

NRS 178.430 Commitmentof defendant exonerates bail.

NRS 178.435 Expensesof examination and transportation are charge against county or city; recoveryfrom estate or relative.

NRS 178.440 Clerkto certify costs to county or city.

NRS 178.450 Dutiesof Division of Mental Health and Developmental Services following finding ofincompetence; observation and evaluation of defendant; report to court.

NRS 178.453 Accessto certain records of defendant within possession of Department of Correctionsby Administrator of Division of Mental Health and Developmental Servicesauthorized for purpose of evaluating and treating defendant.

NRS 178.455 Procedurefor evaluating certain defendants following finding of incompetence; report tocourt; procedure concerning misdemeanants.

NRS 178.460 Powersand duties of court following finding of incompetence; limitation on length ofcommitment.

TIME

NRS 178.472 Computation.

NRS 178.476 Enlargement.

NRS 178.478 Motions;affidavits.

NRS 178.482 Additionaltime after service by mail.

BAIL

NRS 178.484 Rightto bail before conviction; exceptions; imposition of conditions; arrest forviolation of condition.

NRS 178.4851 Releasewithout bail; imposition of conditions; arrest for violation of condition.

NRS 178.4853 Factorsconsidered before release without bail.

NRS 178.4855 Limitationson release without bail of certain defendants who are taken into custody whileadmitted to bail on other charges; notice to bail agent required.

NRS 178.486 Whenbail is matter of discretion, notice of application must be given to districtattorney.

NRS 178.487 Bailafter arrest for felony offense committed while on bail.

NRS 178.4871 Postconvictionpetitioner for habeas corpus: Limitations on release.

NRS 178.4873 Postconvictionpetitioner for habeas corpus: Release pending appeal.

NRS 178.4875 Proceedingfor forfeiture of bail pending review or appeal; proceeding for recommitment ofdefendant.

NRS 178.488 Rightto bail upon review; notice of application to be given district attorney.

NRS 178.494 Bailfor witnesses; judicial review of detention or amount of bail.

NRS 178.498 Amount.

NRS 178.499 Increasein amount.

NRS 178.502 Formof bail; extension of bond or undertaking to proceedings in other courts;exoneration; place of deposit.

NRS 178.504 Justificationof sureties.

NRS 178.506 Declarationof forfeiture.

NRS 178.508 Dutiesof court when defendant fails to appear; procedure for issuing order offorfeiture; when forfeiture becomes effective; grounds for extending date offorfeiture.

NRS 178.509 Exonerationof surety before date of forfeiture: Conditions; grounds.

NRS 178.512 Settingaside forfeiture: Conditions; grounds; when written finding is required.

NRS 178.514 Enforcementof forfeiture.

NRS 178.516 Remissionof forfeited money.

NRS 178.518 Paymentof forfeited deposits to county treasurer or State Controller.

NRS 178.522 Exonerationof bail.

NRS 178.524 Depositrequired in certain cases.

NRS 178.526 Arrestof defendant.

NRS 178.528 Dispositionof money deposited as bail.

NRS 178.532 Recommitmentof defendant after having given bail or deposited money.

NRS 178.534 Contentsof order for recommitment.

NRS 178.536 Arreston order of recommitment.

NRS 178.538 Commitmentof defendant on order when he fails to appear for judgment; if order issued forother cause, defendant may be admitted to bail.

NRS 178.542 Records:District court.

NRS 178.544 Records:Justice Court.

NRS 178.546 Records:Supreme Court.

NRS 178.548 Notificationof district attorney when bail bond is forfeited.

MOTIONS

NRS 178.552 Form;contents.

DISMISSAL OF ACTIONS

NRS 178.554 Dismissalby district attorney or Attorney General by leave of court.

NRS 178.556 Dismissalby court for unnecessary delay.

NRS 178.562 Dismissalor discharge as bar to another prosecution.

NRS 178.563 Noticeto defendant of provisions concerning sealing of records of proceedings leadingto dismissal.

COMPROMISING CERTAIN PUBLIC OFFENSES BY LEAVE OF COURT

NRS 178.564 Certainoffenses for which party injured has civil action may be compromised.

NRS 178.566 Compromiseto be by permission of court; order to bar another prosecution.

NRS 178.568 Nopublic offense to be compromised except as provided in this title.

PROTECTION OF VICTIMS AND WITNESSES

NRS 178.569 Definitions.

NRS 178.5691 Confidentialityof personal information.

NRS 178.5692 Investigationby sheriff of threats of harm; protection.

NRS 178.5694 Harassmentof victim or witness by employer; notification by prosecuting attorney ofcontinuance of proceeding.

NRS 178.5696 Separatewaiting area; disposition of personal property; fees for testifying.

NRS 178.5698 Informationconcerning release of defendant and disposition of case provided upon request;court to inform and provide documentation to certain persons of their right tobe informed of release of offender from prison in certain cases; when and whomwarden must inform of release of offender from prison.

DESIGNATION OF ATTENDANT TO PROVIDE SUPPORT FOR WITNESS DURINGTESTIMONY

NRS 178.571 Applicabilityto certain cases; persons permitted to be attendant; permissible conduct byattendant; exclusion for good cause.

IMMUNITY OF MATERIAL WITNESSES FROM PROSECUTION

NRS 178.572 Orderof immunity releasing material witness from prosecution or punishment on motionof State.

NRS 178.574 Orderof immunity bar to prosecution; exception.

NRS 178.576 Failureof witness granted immunity to testify is contempt.

NRS 178.578 Denialof motion.

SERVICE AND FILING OF PAPERS

NRS 178.582 Service:When required.

NRS 178.584 Service:How made.

NRS 178.586 Noticeof orders.

NRS 178.588 Filingof papers.

NRS 178.589 Useof facsimile machine.

CALENDARS

NRS 178.592 Calendarof criminal actions: Preparation by clerk.

NRS 178.594 Orderof disposing of issues on calendar.

EXCEPTIONS

NRS 178.596 Exceptionsunnecessary.

ERROR

NRS 178.598 Harmlesserror.

NRS 178.602 Plainerror.

RECORDS

NRS 178.606 Docketkept by deputy clerk of Justice Court; contents.

RULES OF COURT

NRS 178.608 Rulesof Justice Courts and district courts not to be inconsistent with this title.

NRS 178.610 Whereno procedure specifically prescribed court may proceed in lawful manner.

THE AGREEMENT ON DETAINERS

NRS 178.620 Enactment;text.

NRS 178.630 Dutiesof Director of Department of Corrections.

NRS 178.640 Dutyof Governor.

REQUEST FOR DETAINER

NRS 178.700 Procedurefor making request; time for responding; withdrawal of request; notice ofreceipt of detainer.

MISCELLANEOUS PROVISIONS

NRS 178.750 Districtattorney to submit annual report to Supreme Court on cases filed that includedcharge for murder or involuntary manslaughter.

_________

RIGHTS OF DEFENDANT

NRS 178.388 Presenceof defendant.

1. Except as otherwise provided in this title, thedefendant must be present at the arraignment, at every stage of the trialincluding the impaneling of the jury and the return of the verdict, and at theimposition of sentence. A corporation may appear by counsel for all purposes.

2. In prosecutions for offenses not punishable bydeath:

(a) The defendants voluntary absence after the trialhas been commenced in his presence must not prevent continuing the trial to andincluding the return of the verdict.

(b) If the defendant was present at the trial throughthe time he pleads guilty or is found guilty but at the time of his sentencingis incarcerated in another jurisdiction, he may waive his right to be presentat the sentencing proceedings and agree to be sentenced in this State in hisabsence. The defendants waiver is valid only if it is:

(1) Made knowingly, intelligently andvoluntarily after consulting with an attorney licensed to practice in thisState;

(2) Signed and dated by the defendant andnotarized by a notary public or judicial officer; and

(3) Signed and dated by his attorney after ithas been signed by the defendant and notarized.

3. In prosecutions for offenses punishable by fine orby imprisonment for not more than 1 year, or both, the court, with the writtenconsent of the defendant, may permit arraignment, plea, trial and imposition ofsentence in the defendants absence, if the court determines that the defendantwas fully aware of his applicable constitutional rights when he gave hisconsent.

4. The presence of the defendant is not required atthe arraignment or any preceding stage if the court has provided for the use ofa closed-circuit television to facilitate communication between the court andthe defendant during the proceeding. If closed-circuit television is providedfor, members of the news media may observe and record the proceeding from bothlocations unless the court specifically provides otherwise.

5. The defendants presence is not required at thesettling of jury instructions.

(Added to NRS by 1967, 1450; A 1969, 9; 1987, 2025;1993, 933; 1995, 2457; 2003,1470)

NRS 178.391 Secondprosecution for same offense prohibited. Noperson can be subject to a second prosecution for a public offense for which hehas once been prosecuted and duly convicted or acquitted.

(Added to NRS by 1967, 1451)

NRS 178.394 Noperson to be compelled to be witness against himself in criminal action, or tobe unnecessarily restrained. No person can becompelled, in a criminal action, to be a witness against himself, nor shall aperson charged with a public offense be subjected, before conviction, to anymore restraint than is necessary for his detention to answer the charge.

(Added to NRS by 1967, 1451)

NRS 178.397 Assignmentof counsel. Every defendant accused of a grossmisdemeanor or felony who is financially unable to obtain counsel is entitledto have counsel assigned to represent him at every stage of the proceedingsfrom his initial appearance before a magistrate or the court through appeal,unless he waives such appointment.

(Added to NRS by 1967, 1451)

NRS 178.3971 Appointmentof defense team for defendant accused of murder of first degree. If a magistrate or district court appointsan attorney, other than a public defender, to represent a defendant accused ofmurder of the first degree in a case in which the death penalty is sought, themagistrate or court must appoint a team to defend the accused person thatincludes:

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

NRS 178.3975 Orderfor payment by defendant; remission of payment; disposition of amountsrecovered; community service.

1. The court may order a defendant to pay all or anypart of the expenses incurred by the county, city or state in providing thedefendant with an attorney which are not recovered pursuant to NRS 178.398. The order may be made at thetime of or after the appointment of an attorney and may direct the defendant topay the expenses in installments.

2. The court shall not order a defendant to make sucha payment unless the defendant is or will be able to do so. In determining theamount and method of payment, the court shall take account of the financialresources of the defendant and the nature of the burden that payment willimpose.

3. A defendant who has been ordered to pay expenses ofhis defense and who is not willfully or without good cause in default in thepayment thereof may at any time petition the court which ordered the paymentfor remission of the payment or of any unpaid portion thereof. If it appears tothe satisfaction of the court that payment of the amount due will imposemanifest hardship on the defendant or his immediate family, the court may remitall or part of the amount due or modify the method of payment.

4. The money recovered must in each case be paid overto the city, county or public defenders office which bore the expense and wasnot reimbursed by another governmental agency.

5. Upon the request of a defendant, if the court findsthat the defendant is suitable to perform supervised community service, thecourt may allow the defendant to pay all or part of any expenses incurred bythe county, city or state in providing him with an attorney by performingsupervised community service for a reasonable number of hours, the value ofwhich would be commensurate with such expenses incurred. The community servicemust 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 acharitable organization that renders service to the community or its residents.The court may require a defendant who requests to perform community service todeposit with the court a reasonable sum of money to pay for the cost ofpolicies of insurance against liability for personal injury and damage toproperty or for industrial insurance, or both, during those periods in which heperforms the community service, unless, in the case of industrial insurance, itis provided by the authority for which he performs the community service.

(Added to NRS by 1975, 217; A 1977, 377; 1985, 49;1995, 500; 2001Special Session, 135)

NRS 178.398 Executionagainst defendants property. If a defendantfor whom an attorney is appointed at public expense on account of indigency hasproperty subject to execution or acquires such property within 6 years afterthe termination of the attorneys representation, the court shall determine thevalue of the legal services provided and shall render judgment for that amountin favor of the state, county or city which furnished the public defender orotherwise paid for the defense.

(Added to NRS by 1977, 338)

INQUIRY INTO COMPETENCE OF DEFENDANT AND PROCEDUREFOLLOWING FINDING OF INCOMPETENCE

NRS 178.399 Treatmentto competency defined. As used in NRS 178.400 to 178.460, inclusive, unless the contextotherwise requires, treatment to competency means treatment provided to adefendant to attempt to cause him to attain competency to stand trial orreceive pronouncement of judgment.

(Added to NRS by 2003, 1947)

NRS 178.400 Incompetentperson cannot be tried or adjudged to punishment for public offense.

1. A person may not be tried or adjudged to punishmentfor a public offense while he is incompetent.

2. For the purposes of this section, incompetentmeans that the person is not of sufficient mentality to be able to understandthe nature of the criminal charges against him, and because of thatinsufficiency, is not able to aid and assist his counsel in the defenseinterposed upon the trial or against the pronouncement of the judgmentthereafter.

[1911 Cr. Prac. 535; RL 7385; NCL 11183](NRS A1981, 1656; 1995, 2458)

NRS 178.405 Suspensionof trial or pronouncement of judgment when doubt arises as to competence ofdefendant. Any time before trial, or when uponconviction the defendant is brought up for judgment, if doubt arises as to thecompetence of the defendant, the court shall suspend the trial or thepronouncing of the judgment, as the case may be, until the question ofcompetence is determined.

[1911 Cr. Prac. 536; A 1919, 416; 1919 RL 7386;NCL 11184](NRS A 1967, 1449; 1981, 1656; 1991, 1003; 2003, 1018)

NRS 178.415 Appointmentof person or persons to examine defendant; hearing; finding.

1. Except as otherwise provided in this subsection,the court shall appoint two psychiatrists, two psychologists, or onepsychiatrist and one psychologist, to examine the defendant. If the defendantis accused of a misdemeanor, the court of jurisdiction shall appoint apsychiatric social worker, or other person who is especially qualified by theDivision of Mental Health and Developmental Services of the Department of Healthand Human Services, to examine the defendant.

2. Except as otherwise provided in this subsection, ata hearing in open court, the court that orders the examination must receive thereport of the examination. If a Justice Court orders the examination of adefendant who is charged with a gross misdemeanor or felony, the district courtmust receive the report of the examination.

3. The court that receives the report of theexamination shall permit counsel for both sides to examine the person orpersons appointed to examine the defendant. The prosecuting attorney and thedefendant may:

(a) Introduce other evidence including, withoutlimitation, evidence related to treatment to competency and the possibility ofordering the involuntary administration of medication; and

(b) Cross-examine one anothers witnesses.

4. The court that receives the report of theexamination shall then make and enter its finding of competence orincompetence.

5. The court shall not appoint a person to provide areport or an evaluation pursuant to this section, unless the person iscertified by the Division of Mental Health and Developmental Services pursuantto 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)

NRS 178.417 Certificationof person who evaluates competency of defendant required.

1. A person may not provide a report or an evaluationconcerning the competency of a defendant to stand trial or receivepronouncement of judgment pursuant to this section and NRS 178.400 to 178.460, inclusive, unless the person iscertified by the Division of Mental Health and Developmental Services of theDepartment of Health and Human Services for that purpose.

2. The Division of Mental Health and DevelopmentalServices shall adopt regulations to establish:

(a) Requirements for certification of a person whoprovides reports and evaluations concerning the competency of a defendantpursuant to this section and NRS 178.400to 178.460, inclusive;

(b) Reasonable fees for issuing and renewing suchcertificates; and

(c) Requirements for continuing education for therenewal of a certificate.

3. The fees so collected must be used only to:

(a) Defray the cost of issuing and renewingcertificates; and

(b) Pay any other expenses incurred by the Division ofMental Health and Developmental Services in carrying out its duties pursuant tothis section.

4. The Division of Mental Health and DevelopmentalServices shall establish and administer examinations to determine theeligibility of any person who applies for certification. An applicant is entitledto certification upon satisfaction of the requirements of the Division ofMental Health and Developmental Services. The Division of Mental Health andDevelopmental Services may enter into a contract with another person,organization or agency to carry out or assist in carrying out the provisions ofthis subsection.

(Added to NRS by 2003, 1469)

NRS 178.420 Procedureon finding defendant competent. If the courtfinds that the defendant is competent, the trial must proceed, or judgment maybe 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)

NRS 178.425 Procedureon finding defendant incompetent.

1. If the court finds the defendant incompetent, andthat he is dangerous to himself or to society and that commitment is requiredfor a determination of his ability to receive treatment to competency and toattain competence, the judge shall order the sheriff to convey the defendantforthwith, together with a copy of the complaint, the commitment and thephysicians certificate, if any, into the custody of the Administrator of theDivision of Mental Health and Developmental Services of the Department ofHealth and Human Services or his designee for detention and treatment at asecure facility operated by that Division. The order may include theinvoluntary administration of medication if appropriate for treatment tocompetency.

2. The defendant must be held in such custody until acourt orders his release or until he is returned for trial or judgment asprovided in NRS 178.450, 178.455 and 178.460.

3. If the court finds the defendant incompetent butnot dangerous to himself or to society, and finds that commitment is notrequired for a determination of the defendants ability to receive treatment tocompetency and to attain competence, the judge shall order the defendant toreport to the Administrator or his designee as an outpatient for treatment, ifit might be beneficial, and for a determination of his ability to receivetreatment to competency and to attain competence. The court may require thedefendant to give bail for his periodic appearances before the Administrator orhis designee.

4. Except as otherwise provided in subsection 5,proceedings against the defendant must be suspended until the Administrator orhis designee or, if the defendant is charged with a misdemeanor, the judgefinds him capable of standing trial or opposing pronouncement of judgment asprovided in NRS 178.400.

5. Whenever the defendant has been found incompetent,with no substantial probability of attaining competency in the foreseeablefuture, and released from custody or from obligations as an outpatient pursuantto paragraph (d) of subsection 4 of NRS178.460, the proceedings against the defendant which were suspended must bedismissed. No new charge arising out of the same circumstances may be broughtafter a period, equal to the maximum time allowed by law for commencing a criminalaction for the crime with which the defendant was charged, has lapsed since thedate of the alleged offense.

[1911 Cr. Prac. 540; RL 7390; NCL 11188](NRS A1967, 1450; 1968, 52; 1971, 313; 1973, 93, 252, 1406; 1981, 1656; 1991, 1003; 1999, 104; 2001, 1084; 2003, 1947)

NRS 178.430 Commitmentof defendant exonerates bail. The commitmentof the defendant, as mentioned in NRS178.425, shall exonerate any bail he may have given, or shall entitle anyperson authorized to receive the property of the defendant to a return of anymoney he may have deposited instead of bail.

[1911 Cr. Prac. 541; RL 7391; NCL 11189]

NRS 178.435 Expensesof examination and transportation are charge against county or city; recoveryfrom estate or relative. The expenses of theexamination and of the transportation of the defendant to and from the custodyof the Administrator of the Division of Mental Health and DevelopmentalServices of the Department of Health and Human Services or his designee are inthe first instance chargeable to the county or city from which he has beensent. But the county or city may recover the money from the estate of thedefendant, from a relative legally bound to care for him or from the county orcity of which he is a resident.

[1911 Cr. Prac. 543; RL 7393; NCL 11191](NRS A1963, 1111; 1968, 52; 1973, 93, 252; 1981, 1657; 1991, 1004; 1999, 105; 2001, 1085)

NRS 178.440 Clerkto certify costs to county or city. The clerkof the court before which an examination has been conducted shall certify thecosts to the board of county commissioners or governing body of the city, asappropriate.

[1911 Cr. Prac. 544; RL 7394; NCL 11192](NRS A1969, 10; 1991, 1004)

NRS 178.450 Dutiesof Division of Mental Health and Developmental Services following finding ofincompetence; observation and evaluation of defendant; report to court.

1. The Administrator of the Division of Mental Healthand Developmental Services of the Department of Health and Human Services orhis designee shall keep each defendant committed to his custody under NRS 178.425 or 178.460 under observation and shall haveeach defendant who has been ordered to report to him as an outpatient under thosesections evaluated periodically.

2. The Administrator or his designee shall report inwriting to a judge of the court which committed the person and the prosecutingattorney of the county or city to which the person may be returned for furthercourt action whether, in his opinion, upon medical consultation, the defendantis of sufficient mentality to be able to understand the nature of the criminalcharge against him and, by reason thereof, is able to aid and assist hiscounsel in the defense interposed upon the trial or against the pronouncementof the judgment thereafter. The Administrator or his designee shall submit sucha report, in the case of a person charged or convicted of a misdemeanor, within3 months after the order for commitment or treatment and evaluation as anoutpatient or for recommitment pursuant to paragraph (b) of subsection 4 of NRS 178.460, and at monthly intervalsthereafter. In all other cases, the initial report must be submitted within 6months after the order and at 6-month intervals thereafter. If the opinion ofthe Administrator or his designee about the defendant is that he is not ofsufficient mentality to understand the nature of the charge against him andassist in his own defense, the Administrator or his designee shall also includein the report his opinion whether:

(a) There is a substantial probability that thedefendant can receive treatment to competency and will attain competency tostand trial or receive pronouncement of judgment in the foreseeable future; and

(b) The defendant is at that time a danger to himselfor to society.

3. The report must contain:

(a) The name of the defendant and the county or city towhich he may be returned for further court action.

(b) The circumstances under which he was committed tothe custody of the Administrator or his designee and the duration of hishospitalization, or the circumstances under which he was ordered to report tothe 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)

NRS 178.453 Accessto certain records of defendant within possession of Department of Correctionsby Administrator of Division of Mental Health and Developmental Services authorizedfor purpose of evaluating and treating defendant.

1. The Administrator of the Division of Mental Healthand Developmental Services of the Department of Health and Human Services orhis designee may request from the Department of Corrections access to anyrecords in its possession which contain information that may assist inevaluating and treating a defendant who previously has served a term ofimprisonment under the supervision of the Department of Corrections and who iscommitted to the custody of or ordered to report to the Administrator or hisdesignee pursuant to NRS 178.425 or 178.460.

2. Unless otherwise ordered by a court, upon requestof the Administrator or his designee for access to records of a defendantpursuant to subsection 1, the Department of Corrections, through the designatedmedical director, shall provide access to any such records, including, withoutlimitation, relevant medical and mental health records, for the limited purposeof allowing the Administrator or his designee to evaluate and treat thedefendant.

3. No oral or written consent of the defendant isrequired for the Administrator or his designee to obtain access to records fromthe Department of Corrections pursuant to this section.

4. As used in this section, designated medicaldirector means the designated administrative officer of the Department ofCorrections who is responsible for the medical treatment of offenders.

(Added to NRS by 2003, 1255)

NRS 178.455 Procedurefor evaluating certain defendants following finding of incompetence; report tocourt; procedure concerning misdemeanants.

1. Except as otherwise provided for persons chargedwith or convicted of a misdemeanor, the Administrator of the Division of MentalHealth and Developmental Services of the Department of Health and HumanServices or his designee shall appoint a licensed psychiatrist and a licensedpsychologist from the treatment team who is certified pursuant to NRS 178.417 to evaluate the defendant. TheAdministrator or his designee shall also appoint a third evaluator who must bea licensed psychiatrist or psychologist, must be certified pursuant to NRS 178.417 and must not be a member of thetreatment team. Upon the completion of the evaluation and treatment of thedefendant, the Administrator or his designee shall report to the court inwriting his specific findings and opinion upon:

(a) Whether the person is of sufficient mentality tounderstand the nature of the offense charged;

(b) Whether the person is of sufficient mentality toaid and assist counsel in the defense of the offense charged, or to show causewhy judgment should not be pronounced; and

(c) If the person is not of sufficient mentalitypursuant to paragraphs (a) and (b) to be placed upon trial or receivepronouncement of judgment, whether there is a substantial probability that hecan receive treatment to competency and will attain competency in the foreseeablefuture.

2. A copy of the report must be:

(a) Maintained by the Administrator of the Division ofMental Health and Developmental Services or his designee and incorporated inthe medical record of the person; and

(b) Sent to the office of the district attorney and tothe counsel for the outpatient or person committed.

3. In the case of a person charged with or convictedof a misdemeanor, the judge shall, upon receipt of the report set forth in NRS 178.450 from the Administrator of theDivision of Mental Health and Developmental Services or his designee:

(a) Send a copy of the report by the Administrator orhis designee to the prosecuting attorney and to the defendants counsel;

(b) Hold a hearing, if one is requested within 10 daysafter the report is sent pursuant to paragraph (a), at which the attorneys mayexamine the Administrator or his designee or the members of the defendantstreatment team on the determination of the report; and

(c) Within 10 days after the hearing, if any, or 20days after the report is sent if no hearing is requested, enter his finding ofcompetence 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)

NRS 178.460 Powersand duties of court following finding of incompetence; limitation on length ofcommitment.

1. If requested by the district attorney or counselfor the defendant within 10 days after the report by the Administrator of theDivision of Mental Health and Developmental Services of the Department ofHealth and Human Services or his designee is sent to them, the judge shall holda hearing within 10 days after the request at which the district attorney andthe defense counsel may examine the members of the treatment team on theirreport.

2. If the judge orders the appointment of a licensedpsychiatrist or psychologist who is not employed by the Division of MentalHealth and Developmental Services of the Department of Health and HumanServices to perform an additional evaluation and report concerning thedefendant, the cost of the additional evaluation and report is a charge againstthe county.

3. Within 10 days after the hearing or 20 days afterthe report is sent, if no hearing is requested, the judge shall make and enterhis finding of competence or incompetence, and if he finds the defendant to beincompetent:

(a) Whether there is substantial probability that thedefendant can receive treatment to competency and will attain competency tostand trial or receive pronouncement of judgment in the foreseeable future; and

(b) Whether the defendant is at that time a danger tohimself or to society.

4. If the judge finds the defendant:

(a) Competent, the judge shall, within 10 days, forwardhis finding to the prosecuting attorney and counsel for the defendant. Uponreceipt thereof, the prosecuting attorney shall notify the sheriff of thecounty or chief of police of the city that the defendant has been foundcompetent and prearrange with the facility for the return of the defendant tothat county or city for trial upon the offense there charged or thepronouncement of judgment, as the case may be.

(b) Incompetent, but there is a substantial probabilitythat he can receive treatment to competency and will attain competency to standtrial or receive pronouncement of judgment in the foreseeable future and findsthat he is dangerous to himself or to society, the judge shall recommit thedefendant and may order the involuntary administration of medication for thepurpose of treatment to competency.

(c) Incompetent, but there is a substantial probabilitythat he can receive treatment to competency and will attain competency to standtrial or receive pronouncement of judgment in the foreseeable future and findsthat he is not dangerous to himself or to society, the judge shall order thatthe defendant remain an outpatient or be transferred to the status of an outpatientunder the provisions of NRS 178.425.

(d) Incompetent, with no substantial probability ofattaining competency in the foreseeable future, the judge shall order thedefendant released from custody or if the defendant is an outpatient, releasedfrom his obligations as an outpatient if, within 10 days, a petition is notfiled to commit the person pursuant to NRS433A.200. After the initial 10 days, the defendant may remain an outpatientor in custody under the provisions of this chapter only as long as the petitionis pending unless the defendant is involuntarily committed pursuant to chapter 433A of NRS.

5. No person who is committed under the provisions ofthis chapter may be held in the custody of the Administrator of the Division ofMental Health and Developmental Services of the Department of Health and HumanServices or his designee longer than the longest period of incarcerationprovided for the crime or crimes with which he is charged or 10 years,whichever period is shorter. Upon expiration of the applicable period, thedefendant must be returned to the committing court for a determination as towhether or not involuntary commitment pursuant to chapter433A 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

NRS 178.472 Computation. In computing any period of time the day of the act orevent 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 ofthe next day which is not a Saturday, a Sunday, or a nonjudicial day. When aperiod of time prescribed or allowed is less than 7 days, intermediateSaturdays, Sundays and nonjudicial days shall be excluded in the computation.

(Added to NRS by 1967, 1451)

NRS 178.476 Enlargement. When an act is required or allowed to be done at or withina specified time, the court for cause shown may at any time in its discretion:

1. With or without motion or notice, order the periodenlarged if request therefor is made before the expiration of the periodoriginally prescribed or as extended by a previous order; or

2. Upon motion made after the expiration of thespecified period permit the act to be done if the failure to act was the resultof excusable neglect,

but thecourt may not extend the time for taking any action under NRS 176.515 or 176.525 except to the extent and under theconditions stated in those sections.

(Added to NRS by 1967, 1451; A 1969, 10; 1985, 63)

NRS 178.478 Motions;affidavits.

1. A written motion, other than one which may be heardex parte, and notice of the hearing thereof must be served not later than 5days before the time specified for the hearing unless a different period isfixed by rule or order of the court. For cause shown such an order may be madeon ex parte application.

2. When a motion is supported by affidavit, theaffidavit must be served with the motion; and opposing affidavits may be servednot less than 1 day before the hearing unless the court permits them to beserved at a later time.

3. A certificate of service must accompany each motionfiled.

(Added to NRS by 1967, 1451; A 1991, 303)

NRS 178.482 Additionaltime after service by mail. Whenever a partyhas the right or is required to do an act within a prescribed period after theservice of a notice or other paper upon him and the notice or other paper isserved upon him by mail, 3 days shall be added to the prescribed period.

(Added to NRS by 1967, 1451)

BAIL

NRS 178.484 Rightto bail before conviction; exceptions; imposition of conditions; arrest forviolation of condition.

1. Except as otherwise provided in this section, aperson arrested for an offense other than murder of the first degree must beadmitted to bail.

2. A person arrested for a felony who has beenreleased on probation or parole for a different offense must not be admitted tobail unless:

(a) A court issues an order directing that the personbe admitted to bail;

(b) The State Board of Parole Commissioners directs thedetention facility to admit the person to bail; or

(c) The Division of Parole and Probation of theDepartment of Public Safety directs the detention facility to admit the personto bail.

3. A person arrested for a felony whose sentence hasbeen suspended pursuant to NRS 4.373 or 5.055 for a different offense or who hasbeen sentenced to a term of residential confinement pursuant to NRS 4.3762 or 5.076 for a different offense must not beadmitted to bail unless:

(a) A court issues an order directing that the personbe admitted to bail; or

(b) A department of alternative sentencing directs thedetention facility to admit the person to bail.

4. A person arrested for murder of the first degreemay be admitted to bail unless the proof is evident or the presumption great byany competent court or magistrate authorized by law to do so in the exercise ofdiscretion, giving due weight to the evidence and to the nature andcircumstances of the offense.

5. A person arrested for a battery that constitutesdomestic violence pursuant to NRS 33.018must not be admitted to bail sooner than 12 hours after his arrest. If theperson is admitted to bail more than 12 hours after his arrest, pursuant tosubsection 5 of NRS 171.178, withoutappearing personally before a magistrate, or without the amount of bail havingbeen otherwise set by a magistrate or a court, the amount of bail must be:

(a) Three thousand dollars, if the person has noprevious convictions of battery that constitute domestic violence pursuant to NRS 33.018 and there is no reason tobelieve that the battery for which he has been arrested resulted in substantialbodily harm;

(b) Five thousand dollars, if the person has:

(1) No previous convictions of battery thatconstitute domestic violence pursuant to NRS33.018, but there is reason to believe that the battery for which he hasbeen arrested resulted in substantial bodily harm; or

(2) One previous conviction of battery thatconstitutes domestic violence pursuant to NRS33.018, but there is no reason to believe that the battery for which he hasbeen arrested resulted in substantial bodily harm; or

(c) Fifteen thousand dollars, if the person has:

(1) One previous conviction of battery thatconstitutes domestic violence pursuant to NRS33.018 and there is reason to believe that the battery for which he hasbeen arrested resulted in substantial bodily harm; or

(2) Two or more previous convictions of batterythat constitute domestic violence pursuant to NRS33.018.

Theprovisions of this subsection do not affect the authority of a magistrate or acourt to set the amount of bail when the person personally appears before themagistrate or the court, or when a magistrate or a court has otherwise beencontacted to set the amount of bail. For the purposes of this subsection, aperson shall be deemed to have a previous conviction of battery thatconstitutes domestic violence pursuant to NRS33.018 if the person has been convicted of such an offense in this State orhas been convicted of violating a law of any other jurisdiction that prohibitsthe same or similar conduct.

6. A person arrested for violating a temporary orextended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or for violating arestraining order or injunction that is in the nature of a temporary or extendedorder for protection against domestic violence issued in an action or proceedingbrought pursuant to title 11 of NRS must not be admitted to bail sooner than 12hours after his arrest if the arresting officer determines that such aviolation is accompanied by a direct or indirect threat of harm. If the personis admitted to bail more than 12 hours after his arrest, pursuant to subsection5 of NRS 171.178, without appearingpersonally before a magistrate, or without the amount of bail having beenotherwise set by a magistrate or a court, the amount of bail must be:

(a) Three thousand dollars, if the person has noprevious convictions of violating a temporary or extended order for protectionagainst domestic violence issued pursuant to NRS33.017 to 33.100, inclusive, or ofviolating a restraining order or injunction that is in the nature of atemporary or extended order for protection against domestic violence issued inan action or proceeding brought pursuant to title 11 of NRS;

(b) Five thousand dollars, if the person has oneprevious conviction of violating a temporary or extended order for protectionagainst domestic violence issued pursuant to NRS33.017 to 33.100, inclusive, or ofviolating a restraining order or injunction that is in the nature of atemporary or extended order for protection against domestic violence issued inan action or proceeding brought pursuant to title 11 of NRS; or

(c) Fifteen thousand dollars, if the person has two ormore previous convictions of violating a temporary or extended order forprotection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or of violating arestraining order or injunction that is in the nature of a temporary orextended order for protection against domestic violence issued in an action orproceeding brought pursuant to title 11 of NRS.

Theprovisions of this subsection do not affect the authority of a magistrate or acourt to set the amount of bail when the person personally appears before themagistrate or the court, or when a magistrate or a court has otherwise beencontacted to set the amount of bail. For the purposes of this subsection, aperson shall be deemed to have a previous conviction of violating a temporaryor extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or of violating arestraining order or injunction that is in the nature of a temporary or extendedorder for protection against domestic violence issued in an action or proceedingbrought pursuant to title 11 of NRS if the person has been convicted of such anoffense in this State or has been convicted of violating a law of any other jurisdictionthat prohibits the same or similar conduct.

7. The court may, before releasing a person arrestedfor an offense punishable as a felony, require the surrender to the court ofany 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 deemsnecessary to protect the health, safety and welfare of the community and toensure that the person will appear at all times and places ordered by thecourt, including, without limitation:

(a) Requiring the person to remain in this State or acertain county within this State;

(b) Prohibiting the person from contacting orattempting to contact a specific person or from causing or attempting to causeanother person to contact that person on his behalf;

(c) Prohibiting the person from entering a certaingeographic area; or

(d) Prohibiting the person from engaging in specificconduct that may be harmful to his own health, safety or welfare, or thehealth, safety or welfare of another person.

Indetermining whether a condition is reasonable, the court shall consider the factorslisted in NRS 178.4853.

9. If a person fails to comply with a conditionimposed pursuant to subsection 8, the court may, after providing the personwith 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 thatimposes a condition on a person admitted to bail must include a provisionordering any law enforcement officer to arrest the person if he has probablecause to believe that the person has violated a condition of his bail.

11. Before a person may be admitted to bail, he mustsign a document stating that:

(a) He will appear at all times and places as orderedby the court releasing him and as ordered by any court before which the chargeis subsequently heard;

(b) He will comply with the other conditions which havebeen imposed by the court and are stated in the document; and

(c) If he fails to appear when so ordered and is takeninto custody outside of this State, he waives all his rights relating toextradition proceedings.

The signeddocument must be filed with the clerk of the court of competent jurisdiction assoon as practicable, but in no event later than the next business day.

12. If a person admitted to bail fails to appear asordered by a court and the jurisdiction incurs any cost in returning the personto the jurisdiction to stand trial, the person who failed to appear isresponsible for paying those costs as restitution.

13. For the purposes of subsection 6, an order orinjunction is in the nature of a temporary or extended order for protectionagainst domestic violence if it grants relief that might be given in atemporary 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)

NRS 178.4851 Releasewithout bail; imposition of conditions; arrest for violation of condition.

1. Upon a showing of good cause, a court may releasewithout bail any person entitled to bail if it appears to the court that it canimpose conditions on the person that will adequately protect the health, safetyand welfare of the community and ensure that he will appear at all times andplaces ordered by the court.

2. In releasing a person without bail the court mayimpose such conditions as it deems necessary to protect the health, safety andwelfare of the community and to ensure that he will appear at all times andplaces ordered by the court, including, without limitation, any condition setforth in subsection 8 of NRS 178.484.

3. Upon a showing of good cause, a sheriff or chief ofpolice may release without bail any person charged with a misdemeanor pursuantto standards established by a court of competent jurisdiction.

4. Before a person may be released without bail, hemust file with the clerk of the court of competent jurisdiction a signeddocument stating that:

(a) He will appear at all times and places as orderedby the court releasing him and as ordered by any court before which the chargeis subsequently heard;

(b) He will comply with the other conditions which havebeen imposed by the court and are stated in the document;

(c) If he fails to appear when so ordered and is takeninto custody outside of this state, he waives all his rights relating toextradition proceedings; and

(d) He understands that any court of competent jurisdictionmay revoke the order of release without bail and may order him into custody orrequire 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 aperson to the jurisdiction to stand trial, the person failing to appear isresponsible for paying those costs as restitution.

6. An order issued pursuant to this section thatimposes a condition on a person who is released without bail must include aprovision ordering a law enforcement officer to arrest the person if he hasprobable cause to believe that the person has violated a condition of hisrelease.

(Added to NRS by 1981, 1584; A 1987, 454; 1997, 3359;2001, 1226)

NRS 178.4853 Factorsconsidered before release without bail. Indeciding whether there is good cause to release a person without bail, thecourt 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, withoutlimitation, any record of his appearing or failing to appear after release onbail or without bail;

6. The identity of responsible members of thecommunity 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 asthese factors relate to the risk of his not appearing;

8. The nature and seriousness of the danger to thealleged victim, any other person or the community that would be posed by thepersons release;

9. The likelihood of more criminal activity by himafter he is released; and

10. Any other factors concerning his ties to thecommunity or bearing on the risk that he may willfully fail to appear.

(Added to NRS by 1981, 1584; A 1985, 809; 1997, 3360)

NRS 178.4855 Limitationson release without bail of certain defendants who are taken into custody whileadmitted to bail on other charges; notice to bail agent required. Adefendant charged with the commission of a category A or B felony who isadmitted to bail on a surety bond and who:

1. While admitted to bail, is taken into custody inthe same jurisdiction in which he was admitted to bail and is charged with thecommission of another category A or B felony; and

2. Is ordered to be released from custody withoutbail,

must not bereleased from custody pursuant to NRS178.4851 until the law enforcement agency that conducted the initialbooking procedure for the defendant for the subsequent felony has notified thebail agent that issued the surety bond of the release of the defendant.

(Added to NRS by 1999, 1845)

NRS 178.486 Whenbail is matter of discretion, notice of application must be given to districtattorney. When the admission to bail is amatter of discretion, the court, or officer by whom it may be ordered, shallrequire such notice of the application therefor as he may deem reasonable to begiven to the district attorney of the county where the examination is had.

(Added to NRS by 1967, 1452)

NRS 178.487 Bailafter arrest for felony offense committed while on bail. Every release on bail with or without security isconditioned upon the defendants good behavior while so released, and upon ashowing that the proof is evident or the presumption great that the defendanthas committed a felony during the period of release, the defendants bail maybe revoked, after a hearing, by the magistrate who allowed it or by any judgeof 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 whomhe is brought after an arrest upon the second charge.

(Added to NRS by 1971, 574; A 1973, 348)

NRS 178.4871 Postconvictionpetitioner for habeas corpus: Limitations on release. Aperson who has filed a postconviction petition for habeas corpus:

1. Must not in any case be released on his ownrecognizance.

2. Must not be admitted to bail pending a review ofhis petition unless:

(a) The petition is filed in the proper jurisdiction;

(b) The petition presents substantial questions of lawor fact and does not appear to be barred procedurally;

(c) The petitioner has made out a clear case on themerits; and

(d) There are exceptional circumstances deserving ofspecial treatment in the interests of justice.

(Added to NRS by 1987, 1232; A 1991, 91)

NRS 178.4873 Postconvictionpetitioner for habeas corpus: Release pending appeal. Ifa district court denies a postconviction petition for habeas corpus, thepetitioner must not be released on his own recognizance or admitted to bail pendingany appeal. If the petition is granted and a stay of the order granting reliefis not entered, the district court shall admit the petitioner to bail pendingappeal if the respondent files a notice of appeal.

(Added to NRS by 1987, 1232; A 1991, 91)

NRS 178.4875 Proceedingfor forfeiture of bail pending review or appeal; proceeding for recommitment ofdefendant.

1. If the court admits a petitioner to bail pendingreview of his petition or pending appeal, any subsequent proceeding forforfeiture of the bail must take place in the proceeding on the petition.

2. Any subsequent proceeding for the recommitment ofthe defendant pursuant to NRS 178.532may be initiated on behalf of the State in the proceeding on the petition or inthe district court where the original conviction was had, if it was in a differentcourt. If the proceeding occurs in the district court where the originalconviction was had, that court must notify the court conducting the proceedingon the petition of any order for recommitment entered and subsequentlyenforced.

(Added to NRS by 1987, 1232)

NRS 178.488 Rightto bail upon review; notice of application to be given district attorney.

1. Bail may be allowed pending appeal or certiorariunless it appears that the appeal is frivolous or taken for delay.

2. Pending appeal to a district court, bail may beallowed 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 theSupreme Court or by a justice thereof.

4. Any court or any judge or justice authorized togrant bail may at any time revoke the order admitting the defendant to bail.

5. The court or judge by whom bail may be orderedshall require such notice of the application therefor as he may deem reasonableto be given to the district attorney of the county in which the verdict orjudgment was originally rendered.

(Added to NRS by 1967, 1452; A 1969, 10)

NRS 178.494 Bailfor witnesses; judicial review of detention or amount of bail.

1. If it appears by affidavit that the testimony of aperson is material in any criminal proceeding and if it is shown that it maybecome impracticable to secure his presence by subpoena, the magistrate mayrequire him to give bail for his appearance as a witness, in an amount fixed bythe magistrate. If the person fails to give bail the magistrate may:

(a) Commit him to the custody of a peace officerpending final disposition of the proceeding in which the testimony is needed;

(b) Order his release if he has been detained for anunreasonable length of time; and

(c) Modify at any time the requirement as to bail.

2. Every person detained as a material witness must bebrought before a judge or magistrate within 72 hours after the beginning of hisdetention. The judge or magistrate shall make a determination whether:

(a) The amount of bail required to be given by thematerial witness should be modified; and

(b) The detention of the material witness shouldcontinue.

The judge ormagistrate shall set a schedule for the periodic review of whether the amountof bail required should be modified and whether detention should continue.

(Added to NRS by 1967, 1452; A 1989, 327)

NRS 178.498 Amount. If the defendant is admitted to bail, the bail must be setat an amount which in the judgment of the magistrate will reasonably ensure theappearance of the defendant and the safety of other persons and of thecommunity, having regard to:

1. The nature and circumstances of the offensecharged;

2. The financial ability of the defendant to givebail;

3. The character of the defendant; and

4. The factors listed in NRS 178.4853.

(Added to NRS by 1967, 1452; A 1985, 809)

NRS 178.499 Increasein amount.

1. At any time after a district or Justice Court hasordered bail to be set at a specific amount, and before acquittal orconviction, the court may upon its own motion or upon motion of the districtattorney and after notice to the defendants attorney of record or, if none, tothe defendant, increase the amount of bail for good cause shown.

2. If the defendant has been released on bail beforethe time when the motion to increase bail is granted, the defendant shalleither return to custody or give the additional amount of bail.

(Added to NRS by 1969, 385; A 1991, 303)

NRS 178.502 Formof bail; extension of bond or undertaking to proceedings in other courts;exoneration; place of deposit.

1. A person required or permitted to give bail shallexecute 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 moresureties or may authorize the acceptance of cash or bonds or notes of theUnited States in an amount equal to or less than the face amount of the bond.

2. Any bond or undertaking for bail must provide thatthe bond or undertaking:

(a) Extends to any action or proceeding in a JusticeCourt, municipal court or district court:

(1) Arising from the charge on which bail wasfirst given in any of these courts; and

(2) Arising from a later charge, filed beforethe expiration of the periods provided in subsection 4, which is substantiallysimilar to the charge upon which bail was first given and is based upon thesame act or omission as that charge; and

(b) Remains in effect until exonerated by the court.

Thissubsection does not require that any bond or undertaking extend to proceedingson appeal.

3. If an action or proceeding against a defendant whohas been admitted to bail is transferred to another trial court, the bond orundertaking must be transferred to the clerk of the court to which the actionor proceeding has been transferred.

4. If the action or proceeding against a defendant whohas been admitted to bail is dismissed, the bail must not be exonerated until aperiod of 30 days has elapsed from the entry of the order of dismissal unlessthe defendant requests that bail be exonerated before the expiration of the30-day period. If no formal action or proceeding is instituted against adefendant who has been admitted to bail, the bail must not be exonerated untila period of 30 days has elapsed from the day the bond or undertaking is postedunless the defendant requests that bail be exonerated before the expiration ofthe 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 oromission supporting the charge upon which bail was first given, the prosecutingattorney shall forthwith notify the clerk of the court where the bond wasposted, the bail must be applied to the public offense later charged, and thebond 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 istransferred shall mail notice of the transfer to the surety on the bond and thebail agent who executed the bond.

6. Bail given originally on appeal must be depositedwith 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)

NRS 178.504 Justificationof sureties.

1. Every surety, except a corporate surety which isapproved as provided by law, shall justify by affidavit and may be required todescribe in the affidavit:

(a) The property by which he proposes to justify andthe encumbrances thereon;

(b) The number and amount of other bonds andundertakings for bail entered into by him and remaining undischarged; and

(c) All his other liabilities.

2. No bond shall be approved unless the surety thereonappears to be qualified.

(Added to NRS by 1967, 1453)

NRS 178.506 Declarationof forfeiture. If there is a breach ofcondition of a bond, the court shall declare a forfeiture of the bail, subjectto the provisions of NRS 178.508 and 178.509.

(Added to NRS by 1967, 1453; A 1971, 598)

NRS 178.508 Dutiesof court when defendant fails to appear; procedure for issuing order offorfeiture; when forfeiture becomes effective; grounds for extending date offorfeiture.

1. If the defendant fails to appear when his presencein court is lawfully required for the commission of a misdemeanor and thefailure to appear is not excused or is lawfully required for the commission ofa gross misdemeanor or felony, the court shall:

(a) Enter upon its minutes that the defendant failed toappear;

(b) Not later than 45 days after the date on which thedefendant failed to appear, order the issuance of a warrant for the arrest ofthe defendant; and

(c) If the undertaking exceeds $50 or money depositedinstead of bail bond exceeds $500, direct that each surety and the local agentof each surety, or the depositor if he is not the defendant, be given noticethat the defendant has failed to appear, by certified mail within 20 days afterthe date on which the defendant failed to appear. The court shall execute anaffidavit of such mailing to be kept as an official public record of the courtand shall direct that a copy of the notice be transmitted to the prosecutingattorney 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 anyundertaking or money deposited instead of bail bond must be prepared by theclerk of court and signed by the court. An order of forfeiture must include thedate on which the forfeiture becomes effective. If the defendant who failed toappear has been charged with the commission of a gross misdemeanor or felony, acopy of the order must be forwarded to the Office of Court Administrator. The undertakingor money deposited instead of bail bond is forfeited 180 days after the date onwhich the notice is mailed pursuant to subsection 1.

3. The court may extend the date of the forfeiture forany reasonable period set by the court if the surety or depositor submits tothe court:

(a) An application for an extension and the courtdetermines that the surety or the depositor is making reasonable and ongoingefforts to bring the defendant before the court.

(b) An application for an extension on the ground thatthe defendant is temporarily prevented from appearing before the court becausethe defendant:

(1) Is ill;

(2) Is insane; or

(3) Is being detained by civil or militaryauthorities,

and thecourt, upon hearing the matter, determines that one or more of the groundsdescribed in this paragraph exist and that the surety or depositor did not inany 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)

NRS 178.509 Exonerationof surety before date of forfeiture: Conditions; grounds.

1. If the defendant fails to appear when his presencein court is lawfully required, the court shall not exonerate the surety beforethe date of forfeiture prescribed in NRS178.508 unless:

(a) The defendant appears before the court and thecourt, upon hearing the matter, determines that the defendant has presented a satisfactoryexcuse or that the surety did not in any way cause or aid the absence of thedefendant; or

(b) The surety submits an application for exonerationon 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 militaryauthorities; or

(5) Has been deported,

and thecourt, upon hearing the matter, determines that one or more of the groundsdescribed in this paragraph exist and that the surety did not in any way causeor aid the absence of the defendant.

2. If the requirements of subsection 1 are met, thecourt may exonerate the surety upon such terms as may be just.

(Added to NRS by 1971, 597; A 1979, 1400; 1991, 1015;1999, 1846)

NRS 178.512 Settingaside 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 asideon the ground that the defendant:

(1) Has appeared before the court since the dateof the forfeiture and has presented a satisfactory excuse for his absence;

(2) Was dead before the date of the forfeiturebut the surety did not know and could not reasonably have known of his deathbefore that date;

(3) Was unable to appear before the court beforethe date of the forfeiture because of his illness or his insanity, but thesurety did not know and could not reasonably have known of his illness orinsanity before that date;

(4) Was unable to appear before the court beforethe date of the forfeiture because he was being detained by civil or militaryauthorities, but the surety did not know and could not reasonably have known ofhis detention before that date; or

(5) Was unable to appear before the court beforethe date of the forfeiture because he was deported, but the surety did not knowand could not reasonably have known of his deportation before that date,

and thecourt, upon hearing the matter, determines that one or more of the groundsdescribed in this subsection exist and that the surety did not in any way causeor aid the absence of the defendant; and

(b) The court determines that justice does not requirethe enforcement of the forfeiture.

2. If the court sets aside a forfeiture pursuant tosubsection 1 and the forfeiture includes any undertaking or money depositedinstead of bail bond where the defendant has been charged with a grossmisdemeanor or felony, the court shall make a written finding in support ofsetting aside the forfeiture. The court shall mail a copy of the order settingaside the forfeiture to the Office of Court Administrator immediately uponentry of the order.

(Added to NRS by 1967, 1453; A 1979, 1401; 1999, 1847; 2003, 2104, 3338; 2005, 108)

NRS 178.514 Enforcementof forfeiture.

1. When a forfeiture has not been set aside, the courtshall on motion enter a judgment of default and execution may issue thereon.

2. If theOffice of Court Administrator has not received an order setting aside aforfeiture within 180 days after the issuance of the order of forfeiture, theCourt Administrator shall request that the court that ordered the forfeitureinstitute proceedings to enter a judgment of default with respect to the amountof the undertaking or money deposited instead of bail bond with the court. Notlater than 30 days after receipt of the request from the Office of CourtAdministrator, the court shall enter judgment by default and commence executionproceedings therein.

3. By entering into a bond the obligors submit to thejurisdiction of the court and irrevocably appoint the clerk of the court astheir agent upon whom any papers affecting their liability may be served. Theirliability may be enforced on motion and such notice of the motion as the courtprescribes may be served on the clerk of the court, who shall forthwith mailcopies to the obligors to their last known addresses.

(Added to NRS by 1967, 1453; A 2003, 2105)

NRS 178.516 Remissionof forfeited money. After entry of suchjudgment, the court shall not remit it in whole or in part unless theconditions applying to the setting aside of forfeiture in NRS 178.512 are met.

(Added to NRS by 1967, 1453; A 1979, 1402)

NRS 178.518 Paymentof 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 misdemeanormust be paid over to the county treasurer.

2. From aperson who was charged with a gross misdemeanor or a felony must be paid overto the State Controller for deposit in the State General Fund for distributionin the following manner:

(a) Ninetypercent for credit to the Fund for the Compensation of Victims of Crime; and

(b) Ten percent for credit to the special accountestablished pursuant to NRS 176.0613 toassist with funding and establishing specialty court programs.

(Added to NRS by 1967, 1453; A 1981, 1672; 2001, 2922; 2003, 2105)

NRS 178.522 Exonerationof bail.

1. When the condition of the bond has been satisfiedor the forfeiture thereof has been set aside or remitted, the court shallexonerate the obligors and release any bail. The court shall exonerate theobligors and release any bail at the time of sentencing the defendant, if thecourt has not previously done so unless the money deposited by the defendant asbail must be applied to satisfy a judgment pursuant to NRS 178.528.

2. A surety may be exonerated by a deposit of cash inthe 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)

NRS 178.524 Depositrequired in certain cases. If the defendantsurrenders himself to, is apprehended by or is in the custody of a peaceofficer in the State of Nevada or the Director of the Department of Correctionsother than the officer to whose custody he was committed at the time of givingbail, the bail may make application to the court for the discharge of his bailbond, and shall then give to the court an amount in cash or a surety bondsufficient in amount to guarantee reimbursement of any costs that may beexpended in returning the defendant to the officer to whose custody thedefendant was committed at the time of giving bail.

(Added to NRS by 1967, 1453; A 1977, 863; 2001 Special Session,223)

NRS 178.526 Arrestof defendant.

1. For the purpose of surrendering a defendant, asurety, at any time before the surety is finally discharged, and at any placewithin this State, may, by:

(a) Written authorization for the arrest of thedefendant attached to a copy of the undertaking; or

(b) A written authority endorsed on a certified copy ofthe undertaking,

cause thedefendant to be arrested by a bail agent or bail enforcement agent who islicensed pursuant to chapter 697 of NRS.

2. A bail agent or bail enforcement agent who arrestsa defendant in this State or any other jurisdiction is not acting for or onbehalf of this State or any of its political subdivisions.

(Added to NRS by 1967, 1454; A 1997, 3393; 1999, 1847)

NRS 178.528 Dispositionof money deposited as bail. When money hasbeen deposited, if it remains on deposit at the time of a judgment for thepayment 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 fineand costs shall refund the surplus, if any, to the person who deposited thebail, unless that person has directed, in writing, that any surplus be refundedto another.

(Added to NRS by 1967, 1454; A 1991, 303)

NRS 178.532 Recommitmentof defendant after having given bail or deposited money. The court to which the committing magistrate shall returnthe depositions and statement, or in which an indictment or information or anappeal is pending, or to which a judgment on appeal is remitted to be carriedinto effect, may, by an order to be entered on its minutes, direct the arrestof the defendant and his commitment to the officer to whose custody he wascommitted at the time of giving bail, and his detention until legallydischarged, in the following cases:

1. When, by reason of his failure to appear, he hasincurred a forfeiture of his bail, or of money deposited instead thereof, asprovided in NRS 178.506.

2. When it satisfactorily appears to the court thathis bail, or either of them, are dead, or insufficient, or have removed fromthe State.

3. Upon an indictment being found or information filedin the cases provided in NRS 173.175.

(Added to NRS by 1967, 1454)

NRS 178.534 Contentsof order for recommitment. The order for the recommitmentof the defendant shall:

1. Recite generally the facts upon which it isfounded.

2. Direct that the defendant be arrested by anysheriff, constable, marshal, policeman or other peace officer within the State,and committed to the custody of the sheriff of the county where the depositionsand statement were returned, or the indictment was found, or the informationwas filed, or the conviction was had, as the case may be, to be detained untillegally discharged.

(Added to NRS by 1967, 1454)

NRS 178.536 Arreston order of recommitment. The defendant may bearrested 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 inanother county the order need not be endorsed by a magistrate of that county.

(Added to NRS by 1967, 1454)

NRS 178.538 Commitmentof defendant on order when he fails to appear for judgment; if order issued forother cause, defendant may be admitted to bail.

1. If the order recites, as the grounds upon which itis 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 theoffense is bailable, the court may fix the amount of bail, and may cause adirection to be inserted in the order that the defendant be admitted to bail inthe sum fixed, which shall be specified in the order.

(Added to NRS by 1967, 1454)

NRS 178.542 Records:District court. Each county clerk shallmaintain a record containing the following information for each bail bond acceptedby 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 tobail and the case number;

5. The date of exoneration or forfeiture of the bond;

6. The book and page of the minute order declaring theexoneration or forfeiture; and

7. The date of notice to the district attorney of anyforfeiture of the bond.

(Added to NRS by 1967, 1454; A 1983, 264)

NRS 178.544 Records:Justice Court.

1. Whenever a person is admitted to bail in a JusticeCourt and the bail is put in by a written undertaking, the deputy clerk of theJustice 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 necessaryto complete the record.

2. When the bond is exonerated or forfeited, thedeputy 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 theexoneration or forfeiture; and

(c) The date of notice to the district attorney of anyforfeiture of the bond.

(Added to NRS by 1967, 1455; A 1983, 264; 1985, 53)

NRS 178.546 Records:Supreme Court.

1. Whenever a person is admitted to bail by theSupreme Court or a justice of the Supreme Court, the Clerk of the Supreme Courtshall 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 Clerkof the Supreme Court shall record:

(a) The date of the exoneration or forfeiture;

(b) The file number of the order declaring theforfeiture or exoneration;

(c) The name of the county where the defendant wasconvicted or if no conviction has been had, of the county where the defendantwas incarcerated; and

(d) The date of the notice to the district attorney ofthe appropriate county of any forfeiture of the bond.

(Added to NRS by 1967, 1455; A 1983, 265)

NRS 178.548 Notificationof district attorney when bail bond is forfeited. Thecounty clerk, the deputy clerk of the Justice Court, or the Clerk of theSupreme Court shall notify the district attorney of the appropriate county, inwriting, promptly upon the receipt of information indicating that a bail bondhas been forfeited.

(Added to NRS by 1967, 1456; A 1983, 266; 1985, 53)

MOTIONS

NRS 178.552 Form;contents. An application to the court for anorder shall be by motion. A motion other than one made during a trial orhearing shall be in writing unless the court permits it to be made orally. Itshall state the grounds upon which it is made and shall set forth the relief ororder sought. It may be supported by affidavit.

(Added to NRS by 1967, 1456)

DISMISSAL OF ACTIONS

NRS 178.554 Dismissalby district attorney or Attorney General by leave of court. The district attorney, or the Attorney General in thosecases which have been initiated by him, may by leave of court file a dismissalof an indictment, information or complaint and the prosecution shall thereuponterminate. Such a dismissal may not be filed during the trial without theconsent of the defendant.

(Added to NRS by 1967, 1456)

NRS 178.556 Dismissalby court for unnecessary delay.

1. If no indictment is found or information filedagainst a person within 15 days after he has been held to answer for a publicoffense which must be prosecuted by indictment or information, the court maydismiss the complaint. If a defendant whose trial has not been postponed uponhis application is not brought to trial within 60 days after the arraignment onthe indictment or information, the district court may dismiss the indictment orinformation.

2. If a defendant whose trial has not been postponedupon his application is not brought to trial within 60 days after thearraignment on the complaint for an offense triable in a Justice or municipalCourt, the court may dismiss the complaint.

(Added to NRS by 1967, 1456; A 1985, 65; 1991, 70)

NRS 178.562 Dismissalor discharge as bar to another prosecution.

1. Except as otherwise provided in NRS 174.085, an order for the dismissal of theaction, as provided in NRS 178.554 and 178.556, is a bar to another prosecutionfor the same offense.

2. The discharge of a person accused upon preliminaryexamination is a bar to another complaint against him for the same offense, butdoes not bar the finding of an indictment or filing of an information.

(Added to NRS by 1967, 1456; A 1997, 2393)

NRS 178.563 Noticeto defendant of provisions concerning sealing of records of proceedings leadingto dismissal. Upon the entry of an orderdismissing a criminal action or proceeding, the court shall provide thedefendant with a written notice of the provisions of NRS 179.255 which concern the sealing ofrecords of the proceedings leading to the dismissal.

(Added to NRS by 2001, 1692)

COMPROMISING CERTAIN PUBLIC OFFENSES BY LEAVE OF COURT

NRS 178.564 Certainoffenses for which party injured has civil action may be compromised. If a defendant is held to answer on a charge of amisdemeanor for which the person injured by the act constituting the offensehas 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 whilein 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 violencepursuant to NRS 33.018; or

5. Violates a temporary or extended order forprotection against domestic violence.

(Added to NRS by 1967, 1456; A 2005, 103)

NRS 178.566 Compromiseto be by permission of court; order to bar another prosecution.

1. If the party injured appears before the court towhich 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 allproceedings to be stayed upon the prosecution, and the defendant to bedischarged therefrom; but in such case the reasons for the order must be setforth therein, and entered on the minutes.

2. The order shall be a bar to another prosecution forthe same offense.

(Added to NRS by 1967, 1457)

NRS 178.568 Nopublic offense to be compromised except as provided in this title. No public offense shall be compromised, nor shall anyproceeding for the prosecution or punishment thereof, upon a compromise, bestayed, except as provided in this title.

(Added to NRS by 1967, 1457)

PROTECTION OF VICTIMS AND WITNESSES

NRS 178.569 Definitions. As used in NRS 178.569to 178.5698, inclusive, unless thecontext otherwise requires:

1. Relative has the meaning ascribed to it in NRS 217.060.

2. Victim of a crime or victim includes a relativeof a person:

(a) Against whom a crime has been committed; or

(b) Who has been injured or killed as a direct resultof the commission of a crime.

(Added to NRS by 1983, 889; A 1997, 3238)

NRS 178.5691 Confidentialityof personal information. All personal information,including, but not limited to, a current or former address, which pertains to avictim, relative, witness or other person and which is received pursuant to theprovisions of NRS 178.569 to 178.5698, inclusive, is confidential.

(Added to NRS by 1997, 3238)

NRS 178.5692 Investigationby sheriff of threats of harm; protection. Ifa victim of a crime or a witness is cooperating with the prosecuting attorneyin a criminal case and reasonably apprehends that he may suffer threats of harmor harm arising out of that cooperation, the sheriff of the county or the chiefof police of the city shall, upon the written request of the victim or witness,investigate the circumstances, take adequate measures to protect him whereappropriate, and inform him of the level of protection being provided.

(Added to NRS by 1983, 889)

NRS 178.5694 Harassmentof victim or witness by employer; notification by prosecuting attorney ofcontinuance of proceeding.

1. If it is difficult for such a victim or witness toassist in an investigation or cooperate with the prosecuting attorney becausehe is being harassed, intimidated or subjected to conflicting requirements byhis employer, the prosecuting attorney, sheriff or chief of police shall, uponthe written request of the victim or witness, intercede on his behalf tominimize any loss of pay or other benefits which would result from hisassistance or appearances in court.

2. If a proceeding in court to which such a victim orwitness has been subpoenaed will not go on as scheduled, the prosecutingattorney shall:

(a) Make a reasonable effort to notify him of thatfact; or

(b) Provide a system of notification which allows thevictim or witness to call by telephone and receive such information.

In any case,the prosecuting attorney shall, if the victim or witness so requests in writingand provides his current address, ensure that written notice is mailed to thataddress. If written notice would not be timely, the prosecuting attorney shallmake a reasonable effort to notify the victim or witness by some other means.

(Added to NRS by 1983, 889)

NRS 178.5696 Separatewaiting area; disposition of personal property; fees for testifying.

1. A court trying a criminal case shall providevictims and witnesses a secure waiting area which is not used by the members ofthe jury or the defendant and his family and friends.

2. A court or law enforcement agency which has custodyof any stolen or other personal property belonging to such a victim or witnessshall:

(a) Upon the written request of the victim or witness,make available to him a list describing the property held in custody, unless itis shown that the disclosure of the identity or nature of the property wouldseriously impede the investigation of the crime; or

(b) Return the property to him expeditiously when it isno longer needed as evidence.

3. The prosecuting attorney shall inform each suchwitness of the fee to which he is entitled for testifying and how to obtain thefee.

(Added to NRS by 1983, 890)

NRS 178.5698 Informationconcerning release of defendant and disposition of case provided upon request;court to inform and provide documentation to certain persons of their right tobe informed of release of offender from prison in certain cases; when and whomwarden must inform of release of offender from prison.

1. The prosecuting attorney, sheriff or chief ofpolice shall, upon the request of a victim or witness, inform him:

(a) When the defendant is released from custody at anytime before or during the trial, including, without limitation, when thedefendant is released pending trial or subject to electronic supervision;

(b) If the defendant is so released, the amount of bailrequired, if any; and

(c) Of the final disposition of the criminal case inwhich he was directly involved.

2. A request for information pursuant to subsection 1must be made:

(a) In writing; or

(b) By telephone through an automated or computerizedsystem of notification, if such a system is available.

3. If an offender is convicted of a sexual offense oran offense involving the use or threatened use of force or violence against thevictim, the court shall provide:

(a) To each witness, documentation that includes:

(1) A form advising the witness of the right tobe notified pursuant to subsection 5;

(2) The form that the witness must use torequest notification in writing; and

(3) The form or procedure that the witness mustuse to provide a change of address after a request for notification has beensubmitted.

(b) To each person listed in subsection 4,documentation that includes:

(1) A form advising the person of the right tobe notified pursuant to subsection 5 or 6 and NRS176.015, 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 torequest notification; and

(3) The forms or procedures that the person mustuse to provide a change of address after a request for notification has beensubmitted.

4. The following persons are entitled to receivedocumentation 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 thecommission of the offense.

(c) If a person listed in paragraph (a) or (b) is underthe age of 18 years, each parent or guardian who is not the offender.

(d) Each surviving spouse, parent and child of a personwho 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 thedocumentation.

5. Except as otherwise provided in subsection 6, ifthe offense was a felony and the offender is imprisoned, the warden of theprison shall, if the victim or witness so requests in writing and provides hiscurrent address, notify him at that address when the offender is released fromthe prison.

6. If the offender was convicted of a violation ofsubsection 3 of NRS 200.366 or aviolation of subsection 1, paragraph (a) of subsection 2 or subparagraph (2) ofparagraph (b) of subsection 2 of NRS 200.508,the warden of the prison shall notify:

(a) The immediate family of the victim if the immediatefamily provides their current address;

(b) Any member of the victims family related withinthe third degree of consanguinity, if the member of the victims family sorequests in writing and provides his current address; and

(c) The victim, if he will be 18 years of age or olderat the time of the release and has provided his current address,

before theoffender is released from prison.

7. The warden must not be held responsible for anyinjury proximately caused by his failure to give any notice required pursuantto this section if no address was provided to him or if the address provided isinaccurate or not current.

8. As used in this section:

(a) Immediate family means any adult relative of thevictim living in the victims 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 assaultpursuant to NRS 200.400;

(4) An offense involving pornography and a minorpursuant to NRS 200.710 to 200.730, inclusive;

(5) Incest pursuant to NRS 201.180;

(6) Solicitation of a minor to engage in actsconstituting 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 bodypursuant to NRS 201.450;

(11) Luring a child or mentally ill personpursuant to NRS 201.560, if punished asa felony;

(12) An offense that, pursuant to a specificstatute, is determined to be sexually motivated; or

(13) An attempt to commit an offense listed inthis 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 WITNESSDURING TESTIMONY

NRS 178.571 Applicabilityto certain cases; persons permitted to be attendant; permissible conduct by attendant;exclusion for good cause.

1. Except as otherwise provided in subsection 2, in acase 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 asexual assault pursuant to NRS 200.400,a violation of any provision of NRS200.5091 to 200.5099, inclusive, aviolation of NRS 201.180, 201.210, 201.220or 201.230 or an attempt or a conspiracyto commit any of these offenses, a witness may designate an attendant who mustbe allowed to attend the preliminary hearing and the trial during the witnessstestimony to provide support.

2. In a case involving an offense in which a minor isa witness, the witness who is a minor may designate an attendant who must beallowed to attend the preliminary hearing and the trial during the witnessstestimony to provide support.

3. The attendant may be designated by a party as awitness and, except as otherwise provided in this section, must not be excludedfrom the proceedings. If a party designates the attendant as a witness, theattendant must be examined and cross-examined before any other witnesstestifies.

4. Except as otherwise provided in this subsection andsubsection 5, the attendant must not be a reporter or editorial employee of anynewspaper, periodical or press association or an employee of any radio ortelevision station. The provisions of this subsection do not apply to anattendant 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 witnessmay serve as the attendant of the witness whether or not the attendant is areporter or an editorial employee of any newspaper, periodical or pressassociation or an employee of any radio or television station, but theattendant shall not make notes during the hearing or trial.

6. The court:

(a) Shall, if the witness requests, allow the attendantto sit next to the witness while the witness is testifying; or

(b) May, if the witness requests that the attendant bein another location in the courtroom while the witness is testifying, allow theattendant 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 witnesswhile the witness is testifying, if the court determines that such contact isreasonably appropriate or necessary to provide support to the witness. If theattendant attempts to influence or affect in any manner the testimony of thewitness during the giving of testimony or at any other time, the court shallexclude that attendant and allow the witness to designate another attendant.

8. A party may move to exclude a particular attendantfor good cause, and the court shall hear the motion out of the presence of thejury, if any. If the court grants the motion, the witness may designate anotherattendant.

(Added to NRS by 1983, 891; A 1995, 893, 2255; 1997,73; 2003, 542)

IMMUNITY OF MATERIAL WITNESSES FROM PROSECUTION

NRS 178.572 Orderof immunity releasing material witness from prosecution or punishment on motionof State.

1. In any investigation before a grand jury, or anypreliminary examination or trial in any court of record, the court on motion ofthe State may order that any material witness be released from all liability tobe prosecuted or punished on account of any testimony or other evidence he maybe required to produce.

2. Any motion, hearing or order regarding the immunityof a grand jury witness must not be made public before an indictment orpresentment is issued in the case.

(Added to NRS by 1967, 1457; A 1983, 1346; 1985,1030)

NRS 178.574 Orderof immunity bar to prosecution; exception. Suchorder of immunity shall forever be a bar to prosecution against the witness forany offense shown in whole or in part by such testimony or other evidenceexcept for perjury committed in the giving of such testimony.

(Added to NRS by 1967, 1457)

NRS 178.576 Failureof witness granted immunity to testify is contempt. Anywitness who having been granted immunity refuses to testify or produce otherevidence is in contempt of court.

(Added to NRS by 1967, 1457)

NRS 178.578 Denialof motion. The court shall deny the motion ofthe State under NRS 178.572 if itreasonably appears to the court that such testimony or evidence would subjectthe witness to prosecution, except for perjury committed in the giving of suchtestimony, under the laws of another state or of the United States.

(Added to NRS by 1967, 1457)

SERVICE AND FILING OF PAPERS

NRS 178.582 Service:When required. Written motions other thanthose which are heard ex parte, written notices, designations of record onappeal and similar papers shall be served upon each of the parties.

(Added to NRS by 1967, 1457)

NRS 178.584 Service:How made.

1. Whenever under this Title or by an order of thecourt service is required or permitted to be made upon a party represented byan attorney, the service must be made upon the attorney unless service upon theparty himself is ordered by the court.

2. Except as otherwise provided in NRS 178.589, service upon the attorney orupon a party must be made in the manner provided in civil actions.

(Added to NRS by 1967, 1457; A 1999, 52)

NRS 178.586 Noticeof orders. Immediately upon the entry of anorder made on a written motion subsequent to arraignment the clerk shall mailto each party a notice thereof and shall make a note in the docket of themailing. Lack of notice of the entry by the clerk does not affect the time toappeal or relieve or authorize the court to relieve a party for failure toappeal within the time allowed.

(Added to NRS by 1967, 1457)

NRS 178.588 Filingof papers. Papers required to be served mustbe filed with the court. Except as otherwise provided in NRS 178.589, papers must be filed in themanner provided in civil actions.

(Added to NRS by 1967, 1457; A 1999, 52)

NRS 178.589 Useof facsimile machine.

1. Except when personal service of a person is orderedby the court or required by specific statute, a person who is represented by anattorney may be lawfully served with any motion, notice or other legal documentby means of a facsimile machine if:

(a) The document is transmitted to the office of theattorney representing the person; and

(b) The facsimile machine is operational and ismaintained by the attorney representing the person or the employer of thatattorney.

2. In addition to any other document required by thecourt, a person who uses a facsimile machine pursuant to subsection 1 to serveany motion, notice or other legal document that is required to be filed withthe court shall attach to or include with the original document filed with thecourt a copy of the confirmation report or other comparable evidence of thetransmittal of the legal document.

3. Service of any motion, notice or other legaldocument by facsimile machine after 5 p.m. on the day that the document istransmitted shall be deemed delivered on the next judicial day. The time oftransmittal set forth in this subsection is determined according to the time atthe location of the recipient of the legal document.

4. Service of any motion, notice or other legaldocument by facsimile machine as authorized by this section is supplemental toand does not affect the validity of any other manner of service authorized bylaw.

5. As used in this section:

(a) Facsimile machine means a device that sends orreceives a reproduction or facsimile of a document or photograph which istransmitted electronically or telephonically by telecommunications lines.

(b) Person includes, without limitation, agovernment, governmental agency or political subdivision of a government.

(Added to NRS by 1999, 51)

CALENDARS

NRS 178.592 Calendarof criminal actions: Preparation by clerk.

1. The clerk must prepare a calendar of all criminalactions pending in the court, enumerating them according to the date of filingof the indictment, information or complaint, specifying opposite the title ofeach action whether such action is for a felony or misdemeanor, and whether thedefendant is in custody or on bail.

2. Preference shall be given to criminal proceedingsas far as practicable.

(Added to NRS by 1967, 1457)

NRS 178.594 Orderof disposing of issues on calendar. The issueson the calendar must be disposed of in the following order, unless for goodcause the court directs an action to be tried in a different order:

1. Prosecutions for felony, when the defendant is incustody.

2. Prosecutions for misdemeanor, when the defendant isin custody.

3. Prosecutions in which the State, upon determiningthat the physical, emotional or mental condition of the victim of, or amaterial witness to, an alleged felony or gross misdemeanor is deterioratingbecause of his age, an illness or an injury to himself or his spouse, hasdemanded a trial within 60 days after the arraignment of the person accused ofthe felony or gross misdemeanor pursuant to NRS174.511.

4. Prosecutions for felony, when the defendant is onbail.

5. Prosecutions for misdemeanor, when the defendant ison bail.

(Added to NRS by 1967, 1458; A 1983, 1671)

EXCEPTIONS

NRS 178.596 Exceptionsunnecessary. Exceptions to rulings or ordersof the court are unnecessary and for all purposes for which an exception hasbeen necessary prior to January 1, 1968, it is sufficient that a party, at thetime the ruling or order of the court is made or sought, makes known to thecourt the action which he desires the court to take or his objection to theaction of the court and the grounds therefor; but if a party has no opportunityto object to a ruling or order, the absence of an objection does not thereafterprejudice him.

(Added to NRS by 1967, 1458)

ERROR

NRS 178.598 Harmlesserror. Any error, defect, irregularity orvariance which does not affect substantial rights shall be disregarded.

(Added to NRS by 1967, 1458)

NRS 178.602 Plainerror. Plain errors or defects affectingsubstantial rights may be noticed although they were not brought to theattention of the court.

(Added to NRS by 1967, 1458)

RECORDS

NRS 178.606 Docketkept by deputy clerk of Justice Court; contents. Adocket must be kept by the deputy clerk of the Justice Court, in which he shallenter each action, and the minutes of the proceedings of the court therein.

(Added to NRS by 1967, 1458; A 1985, 53)

RULES OF COURT

NRS 178.608 Rulesof Justice Courts and district courts not to be inconsistent with this title. Rules made by Justice Courts and district courts for theconduct of criminal proceedings shall not be inconsistent with this title.

(Added to NRS by 1967, 1458)

NRS 178.610 Whereno procedure specifically prescribed court may proceed in lawful manner. If no procedure is specifically prescribed by this title,the court may proceed in any lawful manner not inconsistent with this title orwith any other applicable statute.

(Added to NRS by 1967, 1458)

THE AGREEMENT ON DETAINERS

NRS 178.620 Enactment;text. The Agreement on Detainers, set forth inthis section, is hereby enacted into law and entered into by this State withall other jurisdictions legally joining such agreement in the formsubstantially as follows:

 

The Agreement onDetainers

 

The contracting states solemnly agree that:

 

Article I

 

The party states find that charges outstanding againsta prisoner, detainers based on untried indictments, informations or complaints,and difficulties in securing speedy trial of persons already incarcerated inother jurisdictions, produce uncertainties which obstruct programs of prisonertreatment and rehabilitation. Accordingly, it is the policy of the party statesand the purpose of this agreement to encourage the expeditious and orderlydisposition of such charges and determination of the proper status of any andall detainers based on untried indictments, information or complaints. Theparty states also find that proceedings with reference to such charges anddetainers, when emanating from another jurisdiction, cannot properly be had inthe absence of cooperative procedures. It is the further purpose of thisagreement 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 aprisoner is incarcerated at the time that he initiates a request for finaldisposition pursuant to Article III hereof or at the time that a request forcustody or availability is initiated pursuant to Article IV hereof.

(c) Receiving state shall mean the state in whichtrial is to be had on an indictment, information or complaint pursuant toArticle III or Article IV hereof.

 

Article III

 

(a) Whenever a person has entered upon a term ofimprisonment in a penal or correctional institution of a party state, andwhenever during the continuance of the term of imprisonment there is pending inany other party state any untried indictment, information or complaint on thebasis of which a detainer has been lodged against the prisoner, he shall bebrought to trial within one hundred eighty days after he shall have caused tobe delivered to the prosecuting officer and the appropriate court of theprosecuting officers jurisdiction written notice of the place of his imprisonmentand his request for a final disposition to be made of the indictment, informationor complaint: provided that for good cause shown in open court, the prisoner orhis counsel being present, the court having jurisdiction of the matter maygrant any necessary or reasonable continuance. The request of the prisonershall be accompanied by a certificate of the appropriate official havingcustody of the prisoner, stating the term of commitment under which theprisoner is being held, the time already served, the time remaining to beserved on the sentence, the amount of good time earned, the time of paroleeligibility of the prisoner, and any decisions of the state parole agencyrelating to the prisoner.

(b) The written notice and request for finaldisposition referred to in paragraph (a) hereof shall be given or sent by theprisoner to the warden, commissioner of corrections or other official havingcustody of him, who shall promptly forward it together with the certificate tothe appropriate prosecuting official and court by registered or certified mail,return receipt requested.

(c) The warden, commissioner of corrections or otherofficial having custody of the prisoner shall promptly inform him of the sourceand contents of any detainer lodged against him and shall also inform him ofhis 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 aprisoner pursuant to paragraph (a) hereof shall operate as a request for finaldisposition of all untried indictments, informations or complaints on the basisof which detainers have been lodged against the prisoner from the state towhose prosecuting official the request for final disposition is specificallydirected. The warden, commissioner of corrections or other official havingcustody of the prisoner shall forthwith notify all appropriate prosecutingofficers and courts in the several jurisdictions within the state to which theprisoners request for final disposition is being sent of the proceeding beinginitiated by the prisoner. Any notification sent pursuant to this paragraphshall be accompanied by copies of the prisoners written notice, request, andthe certificate. If trial is not had on any indictment, information orcomplaint contemplated hereby prior to the return of the prisoner to theoriginal place of imprisonment, such indictment, information or complaint shallnot be of any further force or effect, and the court shall enter an orderdismissing the same with prejudice.

(e) Any request for a final disposition made by aprisoner pursuant to paragraph (a) hereof shall also be deemed to be a waiverof extradition with respect to any charge or proceeding contemplated thereby orincluded therein by reason of paragraph (d) hereof, and a waiver of extraditionto the receiving state to serve any sentence there imposed upon him, aftercompletion of his term of imprisonment in the sending state. The request forfinal disposition shall also constitute a consent by the prisoner to theproduction of his body in any court where his presence may be required in orderto effectuate the purposes of this agreement and a further consent voluntarilyto be returned to the original place of imprisonment in accordance with theprovisions of this agreement. Nothing in this paragraph shall prevent the impositionof a concurrent sentence if otherwise permitted by law.

(f) Escape from custody by the prisoner subsequent tohis 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 inwhich an untried indictment, information or complaint is pending shall beentitled to have a prisoner against whom he has lodged a detainer and who isserving a term of imprisonment in any party state made available in accordancewith Article V (a) hereof upon presentation of a written request for temporarycustody or availability to the appropriate authorities of the state in whichthe prisoner is incarcerated: provided that the court having jurisdiction ofsuch indictment, information or complaint shall have duly approved, recordedand transmitted the request: and provided further that there shall be a periodof thirty days after receipt by the appropriate authorities before the requestbe honored, within which period the governor of the sending state maydisapprove the request for temporary custody or availability, either upon hisown motion or upon motion of the prisoner.

(b) Upon receipt of the officers written request asprovided in paragraph (a) hereof, the appropriate authorities having theprisoner in custody shall furnish the officer with a certificate stating theterm 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 timeearned, the time of parole eligibility of the prisoner, and any decisions ofthe state parole agency relating to the prisoner. Said authorities simultaneouslyshall furnish all other officers and appropriate courts in the receiving statewho have lodged detainers against the prisoner with similar certificates andwith notices informing them of the request for custody or availability and ofthe reasons therefor.

(c) In respect of any proceeding made possible by thisArticle, trial shall be commenced within one hundred twenty days of the arrivalof 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 thematter may grant any necessary or reasonable continuance.

(d) Nothing contained in this Article shall beconstrued to deprive any prisoner of any right which he may have to contest thelegality of his delivery as provided in paragraph (a) hereof, but such deliverymay not be opposed or denied on the ground that the executive authority of thesending state has not affirmatively consented to or ordered such delivery.

(e) If trial is not had on any indictment, informationor complaint contemplated hereby prior to the prisoners being returned to theoriginal place of imprisonment pursuant to Article V (e) hereof, suchindictment, information or complaint shall not be of any further force oreffect, and the court shall enter an order dismissing the same with prejudice.

 

Article V

 

(a) In response to a request made under Article III orArticle IV hereof, the appropriate authority in a sending state shall offer todeliver temporary custody of such prisoner to the appropriate authority in the statewhere such indictment, information or complaint is pending against such personin order that speedy and efficient prosecution may be had. If the request forfinal disposition is made by the prisoner, the offer of temporary custody shallaccompany the written notice provided for in Article III of this agreement. Inthe case of a federal prisoner, the appropriate authority in the receivingstate shall be entitled to temporary custody as provided by this agreement orto the prisoners presence in federal custody at the place for trial, whichevercustodial arrangement may be approved by the custodian.

(b) The officer or other representative of a stateaccepting an offer of temporary custody shall present the following upondemand:

(1) Proper identification and evidence of hisauthority to act for the state into whose temporary custody the prisoner is tobe given.

(2) A duly certified copy of the indictment,information or complaint on the basis of which the detainer has been lodged andon the basis of which the request for temporary custody of the prisoner hasbeen made.

(c) If the appropriate authority shall refuse or failto accept temporary custody of said person, or in the event that an action onthe indictment, information or complaint on the basis of which the detainer hasbeen lodged is not brought to trial within the period provided in Article IIIor Article IV hereof, the appropriate court of the jurisdiction where theindictment, information or complaint has been pending shall enter an order dismissingthe same with prejudice, and any detainer based thereon shall cease to be ofany force or effect.

(d) The temporary custody referred to in this agreementshall be only for the purpose of permitting prosecution on the charge orcharges contained in one or more untried indictments, informations orcomplaints which form the basis of the detainer or detainers or for prosecutionon any other charge or charges arising out of the same transaction. Except forhis attendance at court and while being transported to or from any place atwhich his presence may be required, the prisoner shall be held in a suitablejail or other facility regularly used for persons awaiting prosecution.

(e) At the earliest practicable time consonant with thepurposes of this agreement, the prisoner shall be returned to the sendingstate.

(f) During the continuance of temporary custody orwhile the prisoner is otherwise being made available for trial as required bythis agreement, time being served on the sentence shall continue to run butgood time shall be earned by the prisoner only if, and to the extent that, thelaw and practice of the jurisdiction which imposed the sentence may allow.

(g) For all purposes other than that for whichtemporary custody as provided in this agreement is exercised, the prisonershall be deemed to remain in the custody of and subject to the jurisdiction ofthe sending state and any escape from temporary custody may be dealt with inthe same manner as an escape from the original place of imprisonment or in anyother manner permitted by law.

(h) From the time that a party state receives custodyof a prisoner pursuant to this agreement until such prisoner is returned to theterritory and custody of the sending state, the state in which the one or moreuntried indictments, informations or complaints are pending or in which trialis being had shall be responsible for the prisoner and shall also pay all costsof transporting, caring for, keeping and returning the prisoner. The provisionsof this paragraph shall govern unless the states concerned shall have enteredinto a supplementary agreement providing for a different allocation of costsand responsibilities as between or among themselves. Nothing herein containedshall be construed to alter or affect any internal relationship among thedepartments, 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, orresponsibilities therefor.

 

Article VI

 

(a) In determining the duration and expiration dates ofthe time periods provided in Articles III and IV of this agreement, the runningof said time periods shall be tolled whenever and for as long as the prisoneris unable to stand trial, as determined by the court having jurisdiction of thematter.

(b) No provision of this agreement, and no remedy madeavailable by this agreement, shall apply to any person who is adjudged to bementally ill.

 

Article VII

 

Each state party to this agreement shall designate anofficer who, acting jointly with like officers of other party states, shallpromulgate rules and regulations to carry out more effectively the terms andprovisions of this agreement, and who shall provide, within and without thestate, information necessary to the effective operation of this agreement.

 

Article VIII

 

This agreement shall enter into full force and effectas to a party state when such state has enacted the same into law. A stateparty to this agreement may withdraw herefrom by enacting a statute repealingthe same. However, the withdrawal of any state shall not affect the status ofany proceedings already initiated by inmates or by state officers at the timesuch withdrawal takes effect, nor shall it affect their rights in respectthereof.

 

Article IX

 

This agreement shall be liberally construed so as toeffectuate its purposes. The provisions of this agreement shall be severableand if any phrase, clause, sentence or provision of this agreement is declaredto be contrary to the constitution of any party state or of the United Statesor the applicability thereof to any government, agency, person or circumstanceis held invalid, the validity of the remainder of this agreement and theapplicability thereof to any government, agency, person or circumstance shallnot be affected thereby. If this agreement shall be held contrary to theconstitution of any state party hereto, the agreement shall remain in fullforce and effect as to the remaining states and in full force and effect as tothe state affected as to all severable matters.

(Added to NRS by 1971, 640)

NRS 178.630 Dutiesof Director of Department of Corrections. TheDirector of the Department of Corrections shall comply with the provisions ofArticles III and IV of The Agreement on Detainers whenever he has in hiscustody a prisoner who has detainers lodged against him from otherjurisdictions which are parties to such agreement.

(Added to NRS by 1971, 645; A 1977, 863; 2001 Special Session,223)

NRS 178.640 Dutyof Governor. The Governor shall appoint theofficer provided in Article VII of The Agreement on Detainers.

(Added to NRS by 1971, 645; A 1983, 539)

REQUEST FOR DETAINER

NRS 178.700 Procedurefor making request; time for responding; withdrawal of request; notice ofreceipt of detainer.

1. If the Attorney General, a prosecuting attorney oran agency of criminal justice in this State receives a request from theDepartment of Corrections, it shall respond in writing within 14 working dayssetting forth any charges that are pending against the offender.

2. If the Attorney General, a prosecuting attorney oran agency of criminal justice indicates in its response pursuant to subsection1 that felony charges are pending against an offender, it shall, or ifmisdemeanor charges are pending against an offender, it may, request in theresponse that upon release of the offender from the custody of the Departmentof Corrections, the Department release the offender to an agency of criminaljustice in this State that is authorized to detain a person pendingprosecution. The Attorney General, a prosecuting attorney or an agency ofcriminal justice may submit such a request to the Department of Corrections atany other time, if charges are filed against an offender.

3. If an offender is convicted, acquitted or thecharges against him are dropped after a request was submitted pursuant to thissection, the Attorney General, prosecuting attorney or agency of criminaljustice who submitted the request shall withdraw the request by providing acertified copy of the judgment to the Department of Corrections if the offenderwas convicted or acquitted, or by providing proof to the Department that thecharges were dropped.

4. The Attorney General, a prosecuting attorney or anagency of criminal justice shall notify the Department of Corrections uponreceipt of a detainer against an inmate from another jurisdiction who istransferred to the custody of the Department of Corrections.

(Added to NRS by 1997, 917; A 2001 Special Session,223)

MISCELLANEOUS PROVISIONS

NRS 178.750 Districtattorney to submit annual report to Supreme Court on cases filed that includedcharge for murder or involuntary manslaughter.

1. The district attorney for each county shall prepareand submit a report to the Supreme Court not later than February 1 of each yearconcerning each case filed during the previous calendar year that included acharge for murder or voluntary manslaughter. The district attorney shallexclude from the report any charge for manslaughter that resulted from a deathin an accident or collision involving a motor vehicle.

2. The report required pursuant to subsection 1 mustinclude, without limitation:

(a) The age, gender and race of the defendant;

(b) The age, gender and race of any codefendant orother person charged or suspected of having participated in the homicide and inany alleged related offense;

(c) The age, gender and race of the victim of thehomicide and any alleged related offense;

(d) The date of the homicide and of any alleged relatedoffense;

(e) The date of filing of the information orindictment;

(f) The name of each court in which the case wasprosecuted;

(g) Whether or not the prosecutor filed a notice ofintent to seek the death penalty and, if so, when the prosecutor filed thenotice;

(h) The final disposition of the case and whether ornot the case was tried before a jury;

(i) The race, ethnicity and gender of each member ofthe jury, if the case was tried by a jury; and

(j) The identity of:

(1) Each prosecuting attorney who participatedin the decision to file the initial charges against the defendant;

(2) Each prosecuting attorney who participatedin the decision to offer or accept a plea, if applicable;

(3) Each prosecuting attorney who participatedin the decision to seek the death penalty, if applicable; and

(4) Each person outside the office of thedistrict attorney who was consulted in determining whether to seek the deathpenalty or to accept or reject a plea, if any.

3. If all the information required pursuant tosubsection 1 cannot be provided because the case is still in progress, anadditional report must be filed with the Supreme Court each time a subsequentreport is filed until all the information, to the extent available, has beenprovided.

(Added to NRS by 2003, 2084)

 

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