Nevada Code § 178.4851

Imposition of bail or conditions of release; signing and filing of document; arrest for violation of condition
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1. Except as otherwise provided in
subsection 4, the court shall only impose bail or a condition of release, or
both, on a person as it deems to be the least restrictive means necessary to
protect the safety of the community or to ensure that the person will appear at
all times and places ordered by the court, with regard to the factors set forth
in NRS 178.4853 and 178.498 . Such conditions of release may
include, without limitation:
(a) Requiring the person to remain in this State
or a certain county within this State;
(b) Prohibiting the person from contacting or
attempting to contact a specific person or from causing or attempting to cause
another person to contact that person on the persons behalf;
(c) Prohibiting the person from entering a
certain geographic area;
(d) Prohibiting the person from possessing a
firearm during the pendency of the case; or
(e) Prohibiting the person from engaging in
specific conduct that may be harmful to the persons own health, safety or
welfare, or the health, safety or welfare of another person.
2. A prosecuting attorney may request that
a court impose bail or a condition of release, or both, on a person. If the
request includes the imposition of bail, the prosecuting attorney must prove by
clear and convincing evidence that the imposition of bail is necessary to
protect the safety of the community or to ensure that the person will appear at
all times and places ordered by the court, with regard to the factors set forth
in NRS 178.4853 and 178.498 .
3. If a court imposes bail or any
condition of release, or both, other than release on recognizance with no other
conditions of release, the court shall make findings of fact for such a
determination and state its reasoning on the record, and, if the determination
includes the imposition of a condition of release, the findings of fact must
include why the condition of release constitutes the least restrictive means
necessary to protect the safety of the community or to ensure that the person
will appear at the times and places ordered by the court.
4. A person arrested for murder of the
first degree may be admitted to bail unless the proof is evident or the
presumption great by any competent court or magistrate authorized by law to do
so in the exercise of discretion, giving due weight to the evidence and to the
nature and circumstances of the offense.
5. The person must sign a document before
the persons release stating that:
(a) The person will appear at all times and
places as ordered by the court releasing the person and as ordered by any court
before which the charge is subsequently heard;
(b) The person will comply with the other
conditions which have been imposed by the court and are stated in the document;
(c) If the person fails to appear when so ordered
and is taken into custody outside of this State, the person waives all rights
relating to extradition proceedings; and
(d) The person understands that any court of
competent jurisdiction may revoke the order of release without bail and may
order the person into custody or require the person to furnish bail or
otherwise ensure the protection of the safety of the community or the persons
appearance, if applicable.
6. The document signed pursuant to
subsection 5 must be filed with the clerk of the court of competent
jurisdiction and becomes effective upon the signature of the person to be
released.
7. If a person fails to comply with a
condition of release imposed pursuant to this section, the court may, after
providing the person with reasonable notice and an opportunity for a hearing:
(a) Deem such conduct a contempt pursuant to NRS 22.010 ;
(b) Impose such additional conditions of release
as the court deems necessary to protect the safety of the community or to
ensure the person will appear at the times and places ordered by the court;
(c) Increase the amount of bail pursuant to NRS 178.499 , if applicable; or
(d) Revoke bail and remand the person into custody.
8. If a person fails to appear as ordered
by the court and a jurisdiction incurs any costs in returning a person to the
jurisdiction to stand trial, the person failing to appear is responsible for
paying those costs as restitution.
9. An order issued pursuant to this
section that imposes a condition on a person must include a provision ordering
a law enforcement officer to arrest the person if the law enforcement officer
has probable cause to believe that the person has violated a condition of release.
10. Nothing in this section shall be
construed to require a court to receive the request of a prosecuting attorney
before imposing a condition of release.

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