2019 Nevada Revised Statutes
Chapter 178 - General Provisions
NRS 178.494 - Bail for material witnesses; judicial review of detention or amount of bail; scheduling of case in which material witness will testify.

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

(a) Commit the person to the custody of a peace officer pending final disposition of the proceeding in which the testimony is needed;

(b) Order the person’s release if the person has been detained for an unreasonable length of time; and

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

2. Except as otherwise provided in subsection 3, every person detained as a material witness must be brought before a judge or magistrate as soon as practicable, but not later than 72 hours after the beginning of the detention. The judge or magistrate shall consider the least restrictive means to secure the person’s presence and make a determination whether:

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

(b) The detention of the material witness should continue. If the court determines that detention of the material witness should continue, the court must make written findings stating why detention should continue.

3. A person detained as a material witness pursuant to this section who is a victim of domestic violence or sexual assault:

(a) Must be brought before a judge or magistrate, as soon as practicable, but not later than 24 hours after the beginning of the detention;

(b) May be detained or continue detention pursuant to a determination by telephone; and

(c) Must have an attorney appointed by the judge or magistrate, who, to the extent practicable, shall participate in any determination regarding detention pursuant to this section.

4. The judge or magistrate shall:

(a) Set a schedule for the periodic review of whether the amount of bail required should be modified and whether detention should continue; and

(b) Schedule the case in which the material witness will testify to take place as soon as possible if substantial rights of the defendant are not prejudiced.

5. As used in this section:

(a) “Domestic violence” means the commission of any act described in NRS 33.018.

(b) “Sexual assault” has the meaning ascribed to it in NRS 49.2543.

(Added to NRS by 1967, 1452; A 1989, 327; 2019, 2269)