NEVADA BAIL BONDS LAWS

These are the current bail laws in the state of Nevada. You should read these sections as they are important to determine if you're paying a fair amount in bail. These laws also govern the licensing of Nevada bail bondsmen. If you feel you or someone close to you has been given a harsh bail amount or that your bondsman isn't working, take a moment to read through these Nevada bail laws.

NRS 178.425 Procedure on finding defendant incompetent

3.If the court finds the defendant incompetent but not dangerous to himself or herself or to society, and finds that commitment is not required for a determination of the defendant's ability to receive treatment to competency and to attain competence, the judge shall order the defendant to report to the Administrator or the Administrator's designee as an outpatient for treatment, if it might be beneficial, and for a determination of the defendant's ability to receive treatment to competency and to attain competence. The court may require the defendant to give bail for any periodic appearances before the Administrator or the Administrator's designee.

NRS 178.430 Commitment of defendant exonerates bail.

The commitment of the defendant, as mentioned in NRS 178.425, shall exonerate any bail the defendant may have given, or shall entitle any person authorized to receive the property of the defendant to a return of any money the defendant may have deposited instead of bail.

NRS 178.483 "Electronic transmission," "electronically transmit" and "electronically transmitted" defined. As used in NRS 178.483 to 178.548, inclusive, unless the context otherwise requires, "electronic transmission," "electronically transmit" or "electronically transmitted" means any form or process of communication not directly involving the physical transfer of paper or another tangible medium which:

1. Is suitable for the retention, retrieval and reproduction of information by the recipient; and
2. Is retrievable and reproducible in paper form by the recipient through an automated process used in conventional commercial practice.

NRS 178.484 Right to bail before conviction; exceptions; specific requirements for certain offenses.

1. Except as otherwise provided in this section, a person arrested for an offense other than murder of the first degree must be admitted to bail.
2. A person arrested for a felony who has been released on probation or parole for a different offense must not be admitted to bail unless:
   • (a) A court issues an order directing that the person be admitted to bail;
   • (b) The State Board of Parole Commissioners directs the detention facility to admit the person to bail; or
   • (c) The Division of Parole and Probation of the Department of Public Safety directs the detention facility to admit the person to bail.
3. A person arrested for a felony whose sentence has been suspended pursuant to NRS 4.373 or 5.055 for a different offense or who has been sentenced to a term of residential confinement pursuant to NRS 4.3762 or 5.076 for a different offense must not be admitted to bail unless:
   • (a)A court issues an order directing that the person be admitted to bail; or
   • (b)A department of alternative sentencing directs the detention facility to admit the person to bail.
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. A person arrested for a violation of NRS 484C.110, 484C.120, 484C.130, 484C.430, 488.410, 488.420 or 488.425 who is under the influence of intoxicating liquor must not be admitted to bail or released on the person's own recognizance unless the person has a concentration of alcohol of less than 0.04 in his or her breath. A test of the person's breath pursuant to this subsection to determine the concentration of alcohol in his or her breath as a condition of admission to bail or release is not admissible as evidence against the person.
6. A person arrested for a violation of NRS 484C.110, 484C.120, 484C.130, 484C.430, 488.410, 488.420 or 488.425 who is under the influence of a controlled substance, is under the combined influence of intoxicating liquor and a controlled substance, or inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders the person incapable of safely driving or exercising actual physical control of a vehicle or vessel under power or sail must not be admitted to bail or released on the person's own recognizance sooner than 12 hours after arrest.
7. A person arrested for a battery that constitutes domestic violence pursuant to NRS 33.018 must not be admitted to bail sooner than 12 hours after arrest. If the person is admitted to bail more than 12 hours after arrest, without appearing personally before a magistrate or without the amount of bail having been otherwise set by a magistrate or a court, the amount of bail must be:
   • (a) Three thousand dollars, if the person has no previous convictions of battery that constitute domestic violence pursuant to NRS 33.018 and there is no reason to believe that the battery for which the person has been arrested resulted in substantial bodily harm or was committed by strangulation;
   • (b) Five thousand dollars, if the person has:
     • (1) No previous convictions of battery that constitute domestic violence pursuant to NRS 33.018, but there is reason to believe that the battery for which the person has been arrested resulted in substantial bodily harm or was committed by strangulation; or
     • (2) One previous conviction of battery that constitutes domestic violence pursuant to NRS 33.018, but there is no reason to believe that the battery for which the person has been arrested resulted in substantial bodily harm or was committed by strangulation; or
   • (c) Fifteen thousand dollars, if the person has:
     • (1) One previous conviction of battery that constitutes domestic violence pursuant to NRS 33.018 and there is reason to believe that the battery for which the person has been arrested resulted in substantial bodily harm or was committed by strangulation; or
     • (2) Two or more previous convictions of battery that constitute domestic violence pursuant to NRS 33.018. The provisions of this subsection do not affect the authority of a magistrate or a court to set the amount of bail when the person personally appears before the magistrate or the court, or when a magistrate or a court has otherwise been contacted to set the amount of bail. For the purposes of this subsection, a person shall be deemed to have a previous conviction of battery that constitutes domestic violence pursuant to NRS 33.018 if the person has been convicted of such an offense in this State or has been convicted of violating a law of any other jurisdiction that prohibits the same or similar conduct.
8. A person arrested for violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or for violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, or for violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591, or for violating a temporary or extended order for protection against sexual assault pursuant to NRS 200.378 must not be admitted to bail sooner than 12 hours after arrest if:
   • (a) The arresting officer determines that such a violation is accompanied by a direct or indirect threat of harm;
   • (b) The person has previously violated a temporary or extended order for protection of the type for which the person has been arrested; or
   • (c) At the time of the violation or within 2 hours after the violation, the person has:
     • (1) A concentration of alcohol of 0.08 or more in the person's blood or breath; or
     • (2) An amount of a prohibited substance in the person's blood or urine, as applicable, that is equal to or greater than the amount set forth in subsection 3 or 4 of NRS 484C.110.
9. If a person is admitted to bail more than 12 hours after arrest, pursuant to subsection 8, without appearing personally before a magistrate or without the amount of bail having been otherwise set by a magistrate or a court, the amount of bail must be:
   • (a) Three thousand dollars, if the person has no previous convictions of violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or of violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, or of violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591, or of violating a temporary or extended order for protection against sexual assault pursuant to NRS 200.378;
   • (b) Five thousand dollars, if the person has one previous conviction of violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or of violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, or of violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591, or of violating a temporary or extended order for protection against sexual assault pursuant to NRS 200.378; or
   • (c) Fifteen thousand dollars, if the person has two or more previous convictions of violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or of violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, or of violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591, or of violating a temporary or extended order for protection against sexual assault pursuant to NRS 200.378.
10. The provisions of this subsection do not affect the authority of a magistrate or a court to set the amount of bail when the person personally appears before the magistrate or the court or when a magistrate or a court has otherwise been contacted to set the amount of bail. For the purposes of this subsection, a person shall be deemed to have a previous conviction of violating a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or of violating a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, or of violating a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591, or of violating a temporary or extended order for protection against sexual assault pursuant to NRS 200.378, if the person has been convicted of such an offense in this State or has been convicted of violating a law of any other jurisdiction that prohibits the same or similar conduct.
11. For the purposes of subsections 8 and 9, an order or injunction is in the nature of a temporary or extended order for protection against domestic violence if it grants relief that might be given in a temporary or extended order issued pursuant to NRS 33.017 to 33.100, inclusive.
12. As used in this section, "strangulation" has the meaning ascribed to it in NRS 200.481. NRS 178.4845 Court order prohibiting contact with victim: Request by victim; court required to consider request; notification regarding consequences of violating order; expiration; renewal of order; transmittal of copy of order to Central Repository for Nevada Records of Criminal History; penalty for violation of order.
    1. Before a court makes a determination of bail concerning a person, a victim may request that a court issue an order imposing a condition of release prohibiting contact.
    2. A court shall consider a request described in subsection 1.
    3. Upon the issuance of an order imposing a condition of release prohibiting contact, the court shall notify the person subject to the order that violating the order may result in:
       • (a) The person being charged with a misdemeanor;
       • (b) The modification or addition of any condition of release;
       • (c) The revocation of bail and remand of the person to custody; or
       • (d) The imposition of any other penalty prescribed by law.
    4. An order imposing a condition of release prohibiting contact, and any modification thereof, expires within such time, not to exceed 120 calendar days, as the court fixes.
    5. The court may, before the expiration of an order imposing a condition of release prohibiting contact and upon motion or at the discretion of the court, after notice and a hearing, renew the order for good cause shown.
    6. After the court issues an order imposing, modifying, suspending or canceling a condition of release prohibiting contact, the court shall transmit, as soon as practicable and in a manner prescribed by the Central Repository for Nevada Records of Criminal History, a copy of the order to the Central Repository.
    7. A person who knowingly violates an order imposing a condition of release prohibiting contact is guilty of a misdemeanor.
    8. Nothing in this section shall be construed to require a court to receive a request pursuant to subsection 1 before issuing an order imposing a condition of release prohibiting contact.
    9. As used in this section:
       • (a) "Cancel" includes, without limitation, any act that would effectively terminate a condition of release prohibiting contact, including, without limitation:
         • (1) The dismissal of the action or proceeding against the person;
         • (2) A prosecuting attorney declining to prosecute the person;
         • (3) The conviction of the person; or
         • (4) The acquittal of the person.
       • (b) "Condition of release prohibiting contact" means a condition placed on a person who is released pending trial that prohibits 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 person's behalf.

NRS 178.4847 Adoption of administrative order

Relating to circumstances under which person may be released from custody without pretrial release hearing. [Effective July 1, 2022.] A court of competent jurisdiction may adopt an administrative order relating to the circumstances under which a person may be released from custody without a pretrial release hearing, including, without limitation, those circumstances under which a sheriff or chief of police may release, without bail, a person charged with a misdemeanor.

NRS 178.4849 Pretrial release hearing required to be held within 48 hours after person taken into custody to determine custody status; exceptions; continuance.

1. Except as otherwise provided in this section and NRS 178.484 and 178.4847, a court shall, within 48 hours after a person has been taken into custody, hold a pretrial release hearing, in open court or by means of remote communication, to determine the custody status of the person. The pretrial release hearing may be continued for good cause shown.
2. As used in this section, "remote communication" means communication through telephone or videoconferencing.

NRS 178.4851 Imposition of bail or conditions of release; signing and filing of document; arrest for violation of condition.

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 person's 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 person's 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 person's 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 person's 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) Increase the amount of bail pursuant to NRS 178.499, if applicable; or
   • (c) 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.

NRS 178.4853 Factors considered in reviewing custody status

In reviewing the custody status of a person, the court at a minimum shall consider the following factors concerning the person:

1. The length of residence in the community;
2. The status and history of employment;
3. Relationships with the person's spouse and children, parents or other family members and with close friends;
4. Reputation, character and mental condition;
5. Prior criminal record, including, without limitation, any record of appearing or failing to appear after release on bail or without bail;
6. The identity of responsible members of the community who would vouch for the reliability of the person;
7. The nature of the offense with which the person is charged, the apparent probability of conviction and the likely sentence, insofar as these factors relate to the risk of not appearing;
8. The nature and seriousness of the danger to the alleged victim, any other person or the community that would be posed by the person's release;
9. The likelihood of more criminal activity by the person after release; and
10. Any other factors concerning the person's ties to the community or bearing on the risk that the person may willfully fail to appear.

NRS 178.4855 Limitations on release without bail

Certain defendants who are taken into custody while admitted to bail on other charges; notice to bail agent required. A defendant charged with the commission of a category A or B felony who is admitted to bail on a surety bond and who:

1. While admitted to bail, is taken into custody in the same jurisdiction in which the defendant was admitted to bail and is charged with the commission of another category A or B felony; and
2. Is ordered to be released from custody without bail, must not be released from custody pursuant to NRS 178.4851 until the law enforcement agency that conducted the initial booking procedure for the defendant for the subsequent felony has notified the bail agent that issued the surety bond of the release of the defendant.

NRS 178.486 When bail is matter of discretion

A notice of application must be given to district attorney. When the admission to bail is a matter of discretion, the court, or officer by whom it may be ordered, shall require such notice of the application therefor as the court or officer may deem reasonable to be given to the district attorney of the county where the examination is had.

NRS 178.487 Bail after arrest for felony offense committed while on bail

Every release on bail with or without security is conditioned upon the defendant's good behavior while so released, and upon a showing that the proof is evident or the presumption great that the defendant has committed a felony during the period of release, the defendant's bail may be revoked, after a hearing, by the magistrate who allowed it or by any judge of 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 whom the defendant is brought after an arrest upon the second charge.

NRS 178.4871 Postconviction petitioner for habeas corpus: Limitations on release

A person who has filed a postconviction petition for habeas corpus:

1. Must not in any case be released on the person's own recognizance.
2. Must not be admitted to bail pending a review of the petition unless:
   • (a) The petition is filed in the proper jurisdiction;
   • (b) The petition presents substantial questions of law or fact and does not appear to be barred procedurally;
   • (c) The petitioner has made out a clear case on the merits; and
   • (d) There are exceptional circumstances deserving of special treatment in the interests of justice.

NRS 178.4873 Postconviction petitioner for habeas corpus: Release pending appeal

If a district court denies a postconviction petition for habeas corpus, the petitioner must not be released on the petitioner's own recognizance or admitted to bail pending any appeal. If the petition is granted and a stay of the order granting relief is not entered, the district court shall admit the petitioner to bail pending appeal if the respondent files a notice of appeal.

NRS 178.4875 Proceeding for forfeiture of bail pending review or appeal

Proceeding for recommitment of defendant

1. If the court admits a petitioner to bail pending review of the petition or pending appeal, any subsequent proceeding for forfeiture of the bail must take place in the proceeding on the petition.
2. Any subsequent proceeding for the recommitment of the defendant pursuant to NRS 178.532 may be initiated on behalf of the State in the proceeding on the petition or in the district court where the original conviction was had, if it was in a different court. If the proceeding occurs in the district court where the original conviction was had, that court must notify the court conducting the proceeding on the petition of any order for recommitment entered and subsequently enforced.

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

1. Bail may be allowed pending appeal or certiorari unless it appears that the appeal is frivolous or taken for delay.
2. Pending appeal to a district court, bail may be allowed 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 appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution, bail may be allowed by the district court or any judge thereof, by the Court of Appeals or any judge thereof or by the Supreme Court or a justice thereof.
4. Any court or any judge or justice authorized to grant bail may at any time revoke the order admitting the defendant to bail.
5. The court or judge by whom bail may be ordered shall require such notice of the application therefor as the court or judge may deem reasonable to be given to the district attorney of the county in which the verdict or judgment was originally rendered.

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.

NRS 178.498 Amount

In deciding the amount of bail to impose on a person, the court shall consider:

1. The nature and circumstances of the offense charged;
2. The financial ability of the defendant to give bail;
3. The character of the defendant; and
4. The factors listed in NRS 178.4853

NRS 178.499 Increase in amount

1. At any time after a district or Justice Court has ordered bail to be set at a specific amount, and before acquittal or conviction, the court may upon its own motion or upon motion of the district attorney and after notice to the defendant's attorney of record or, if none, to the defendant, increase the amount of bail for good cause shown.
2. If the defendant has been released on bail before the time when the motion to increase bail is granted, the defendant shall either return to custody or give the additional amount of bail.

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

1. A person required or permitted to give bail shall execute a bond for the person's appearance. The magistrate or court or judge or justice, having regard to the considerations set forth in NRS 178.4851, may require one or more sureties or may authorize the acceptance of cash or bonds or notes of the United States in an amount equal to or less than the face amount of the bond.
2. Any bond or undertaking for bail must provide that the bond or undertaking:
   • (a) Extends to any action or proceeding in a justice court, municipal court or district court arising from the charge on which bail was first given in any of these courts; and
   • (b) Remains in effect until exonerated by the court. This subsection does not require that any bond or undertaking extend to proceedings on appeal.
3. If an action or proceeding against a defendant who has been admitted to bail is transferred to another trial court, the bond or undertaking must be transferred to the clerk of the court to which the action or proceeding has been transferred.
4. Except as otherwise provided in subsection 5, the court shall exonerate the bond or undertaking for bail if:
   • (a) The action or proceeding against a defendant who has been admitted to bail is dismissed; or
   • (b) No formal action or proceeding is instituted against a defendant who has been admitted to bail.
5. The court may delay exoneration of the bond or undertaking for bail for a period not to exceed 30 days if, at the time the action or proceeding against a defendant who has been admitted to bail is dismissed, the defendant:
   • (a) Has been indicted or is charged with a public offense which is the same or substantially similar to the charge upon which bail was first given and which arises out of the same act or omission supporting the charge upon which bail was first given; or
   • (b) Requests to remain admitted to bail in anticipation of being later indicted or charged with a public offense which is the same or substantially similar to the charge upon which bail was first given and which arises out of the same act or omission supporting the charge upon which bail was first given. If the defendant has already been indicted or charged, or is later indicted or charged, with a public offense arising out of the same act or omission supporting the charge upon which bail was first given, the bail must be applied to the public offense for which the defendant has been indicted or charged or is later indicted or charged, and the bond 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 is transferred shall mail or electronically transmit notice of the transfer to the surety on the bond and the bail agent who executed the bond.
6. Bail given originally on appeal must be deposited with the magistrate or the clerk of the court from which the appeal is taken.

NRS 178.504 Justification of sureties

1. Every surety, except a corporate surety which is approved as provided by law, shall justify by affidavit and may be required to describe in the affidavit:
   • (a) The property by which the surety proposes to justify and the encumbrances thereon;
   • (b) The number and amount of other bonds and undertakings for bail entered into by the surety and remaining undischarged; and
   • (c) All other liabilities.
2. No bond shall be approved unless the surety thereon appears to be qualified.
3. A corporate surety that is authorized to transact insurance in this State pursuant to chapter 680A of NRS is a sufficient surety for all courts and shall be deemed to be qualified for purposes of this section.

NRS 178.506 Declaration of forfeiture

If there is a breach of condition of a bond, the court shall declare a forfeiture of the bail, subject to the provisions of NRS 178.508 and 178.509.

NRS 178.508 Duties of court when defendant fails to appear

Procedure for issuing order of forfeiture; when forfeiture becomes effective; grounds for extending date of forfeiture.

1. If the defendant fails to appear when the defendant's presence in court is lawfully required for the commission of a misdemeanor and the failure to appear is not excused or is lawfully required for the commission of a gross misdemeanor or felony, the court shall:
   • (a) Enter upon its minutes that the defendant failed to appear;
   • (b) Not later than 14 judicial days after the date on which the defendant failed to appear, order the issuance of a warrant for the arrest of the defendant; and
   • (c) If the undertaking exceeds $50 or money deposited instead of bail bond exceeds $500, direct that each surety and the local agent of each surety, or the depositor if the depositor is not the defendant, be given notice that the defendant has failed to appear, by certified mail or electronic transmission, receipt of delivery requested, within 20 days after the date on which the defendant failed to appear. The court shall execute an affidavit of such mailing or electronic transmission to be kept as an official public record of the court and shall direct that a copy of the notice be transmitted to the prosecuting attorney 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 any undertaking or money deposited instead of bail bond must be prepared by the clerk of the court and signed by the court. An order of forfeiture must include the date on which the forfeiture becomes effective. The undertaking or money deposited instead of bail bond is forfeited 180 days after the date on which the notice is mailed or electronically transmitted pursuant to subsection
3. The court may extend the date of the forfeiture for any reasonable period set by the court if the surety or depositor submits to the court:
   • (a) An application for an extension and the court determines that the surety or the depositor is making reasonable and ongoing efforts to bring the defendant before the court.
   • (b) An application for an extension on the ground that the defendant is temporarily prevented from appearing before the court because the defendant:
     • (1) Is ill;
     • (2) Is insane; or
     • (3) Is being detained by civil or military authorities, and the court, upon hearing the matter, determines that one or more of the grounds described in this paragraph exist and that the surety or depositor did not in any way cause or aid the absence of the defendant.

NRS 178.509 Exoneration of surety before date of forfeiture: Conditions; grounds

1. If the defendant fails to appear when the defendant's presence in court is lawfully required, the court shall not exonerate the surety before the date of forfeiture prescribed in NRS 178.508 unless:
   • (a) The defendant appears before the court and the court, upon hearing the matter, determines that the defendant has presented a satisfactory excuse or that the surety did not in any way cause or aid the absence of the defendant; or
   • (b) The surety submits an application for exoneration on 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 military authorities; or
     • (5) Has been deported, and the court, upon hearing the matter, determines that one or more of the grounds described in this paragraph exist and that the surety did not in any way cause or aid the absence of the defendant.
2. If the requirements of subsection 1 are met, the court may exonerate the surety upon such terms as may be just.

NRS 178.512 Setting aside 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 aside on the ground that the defendant:
     • (1) Has appeared before the court since the date of the forfeiture and has presented a satisfactory excuse for the defendant's absence;
     • (2) Was dead before the date of the forfeiture but the surety did not know and could not reasonably have known of the defendant's death before that date;
     • (3) Was unable to appear before the court before the date of the forfeiture because of the defendant's illness or insanity, but the surety did not know and could not reasonably have known of the illness or insanity before that date;
     • (4) Was unable to appear before the court before the date of the forfeiture because the defendant was being detained by civil or military authorities, but the surety did not know and could not reasonably have known of the defendant's detention before that date; or
     • (5) Was unable to appear before the court before the date of the forfeiture because the defendant was deported, but the surety did not know and could not reasonably have known of the defendant's deportation before that date, and the court, upon hearing the matter, determines that one or more of the grounds described in this subsection exist and that the surety did not in any way cause or aid the absence of the defendant; and
   • (b) The court determines that justice does not require the enforcement of the forfeiture.
2. If the court sets aside a forfeiture pursuant to subsection 1 and the forfeiture includes any undertaking or money deposited instead of bail bond where the defendant has been charged with a gross misdemeanor or felony, the court shall make a written finding in support of setting aside the forfeiture.

NRS 178.514 Enforcement of forfeiture

1. When a forfeiture has not been set aside, the court shall on motion enter a judgment of default and execution may issue thereon.
2. If an order setting aside a forfeiture has not been entered within 180 days after the issuance of the order of forfeiture, the court shall enter judgment by default and commence execution proceedings therein.
3. By entering into a bond the obligors submit to the jurisdiction of the court and irrevocably appoint the clerk of the court as their agent upon whom any papers affecting their liability may be served. Their liability may be enforced on motion and such notice of the motion as the court prescribes may be served on the clerk of the court, who shall forthwith mail or electronically transmit copies to the obligors to their last known addresses or by means that have been designated by the obligors for the purpose of receiving electronic transmissions.

NRS 178.516 Remission of forfeited money

After entry of such judgment, the court shall not remit it in whole or in part unless the conditions applying to the setting aside of forfeiture in NRS 178.512 are met.

NRS 178.518 Payment of 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 misdemeanor must be paid over to the county treasurer.
2. From a person who was charged with a gross misdemeanor or a felony must be paid over to the State Controller for deposit in the State General Fund for distribution in the following manner:
   • (a) Ninety percent for credit to the Fund for the Compensation of Victims of Crime; and
   • (b) Ten percent for credit to the special account established pursuant to NRS 176.0613 to assist with funding and establishing specialty court programs.

NRS 178.522 Exoneration of bail

1. When the condition of the bond has been satisfied or the forfeiture thereof has been set aside or remitted, the court shall exonerate the obligors and release any bail. The court shall exonerate the obligors and release any bail at the time of sentencing the defendant, if the court has not previously done so unless the money deposited by the defendant as bail must be applied to satisfy a judgment pursuant to NRS 178.528.
2. A surety may be exonerated by a deposit of cash in the amount of the bond or by a timely surrender of the defendant into custody.

NRS 178.524 Deposit required in certain cases

If the defendant surrenders himself or herself to, is apprehended by or is in the custody of a peace officer in the State of Nevada or the Director of the Department of Corrections other than the officer to whose custody the defendant was committed at the time of giving bail, the bail may make application to the court for the discharge of the bail bond, and shall then give to the court an amount in cash or a surety bond sufficient in amount to guarantee reimbursement of any costs that may be expended in returning the defendant to the officer to whose custody the defendant was committed at the time of giving bail.

NRS 178.526 Arrest of defendant

1. 1.For the purpose of surrendering a defendant, a surety, at any time before the surety is finally discharged, and at any place within this State, may, by:
   • (a) Written authorization for the arrest of the defendant attached to a copy of the undertaking; or
   • (b) A written authority endorsed on a certified copy of the undertaking, cause the defendant to be arrested by a bail agent or bail enforcement agent who is licensed pursuant to chapter 697 of NRS.
2. A bail agent or bail enforcement agent who arrests a defendant in this State or any other jurisdiction is not acting for or on behalf of this State or any of its political subdivisions.

NRS 178.528 Disposition of money deposited as bail

When money has been deposited, if it remains on deposit at the time of a judgment for the payment 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 fine and costs shall refund the surplus, if any, to the person who deposited the bail, unless that person has directed, in writing, that any surplus be refunded to another.

NRS 178.532 Recommitment of defendant after having given bail or deposited money

The court to which the committing magistrate shall return the depositions and statement, or in which an indictment or information or an appeal is pending, or to which a judgment on appeal is remitted to be carried into effect, may, by an order to be entered on its minutes, direct the arrest of the defendant and commitment to the officer to whose custody the defendant was committed at the time of giving bail, and the defendant's detention until legally discharged, in the following cases:

1. When, by reason of the defendant's failure to appear, the defendant has incurred a forfeiture of bail, or of money deposited instead thereof, as provided in NRS 178.506.
2. When it satisfactorily appears to the court that the defendant's bail, or either of them, are dead, or insufficient, or have removed from the State.
3. Upon an indictment being found or information filed in the cases provided in NRS 173.175.

NRS 178.534 Contents of order for recommitment

The order for the recommitment of the defendant shall:

1. Recite generally the facts upon which it is founded.
2. Direct that the defendant be arrested by any sheriff, constable, marshal, police officer or other peace officer within the State, and committed to the custody of the sheriff of the county where the depositions and statement were returned, or the indictment was found, or the information was filed, or the conviction was had, as the case may be, to be detained until legally discharged.

NRS 178.536 Arrest on order of recommitment

The defendant may be arrested 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 in another county the order need not be endorsed by a magistrate of that county.

NRS 178.538 Commitment of defendant

On order when defendant fails to appear for judgment; if order issued for other cause, defendant may be admitted to bail.

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

NRS 178.542 Records: District court

Each county clerk shall maintain a record containing the following information for each bail bond accepted by 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 to bail and the case number;
5. The date of exoneration or forfeiture of the bond;
6. The book and page of the minute order declaring the exoneration or forfeiture; and
7. The date of notice to the district attorney of any forfeiture of the bond.

NRS 178.544 Records: Justice Court

1. Whenever a person is admitted to bail in a Justice Court and the bail is put in by a written undertaking, the deputy clerk of the Justice 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 necessary to complete the record.
2. 2.When the bond is exonerated or forfeited, the deputy 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 the exoneration or forfeiture; and
   • (c) The date of notice to the district attorney of any forfeiture of the bond.

NRS 178.546 Records: Court of Appeals and Supreme Court

1. 1.Whenever a person is admitted to bail by the Court of Appeals, the Supreme Court, a judge of the Court of Appeals or a justice of the Supreme Court, the Clerk of the Supreme Court shall 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. 2.When the bond is exonerated or forfeited, the Clerk of the Supreme Court shall record:
   • (a) The date of the exoneration or forfeiture;
   • (b) The file number of the order declaring the forfeiture or exoneration;
   • (c) The name of the county where the defendant was convicted or if no conviction has been had, of the county where the defendant was incarcerated; and
   • (d) The date of the notice to the district attorney of the appropriate county of any forfeiture of the bond.

NRS 178.548 Notification of district attorney when bail bond is forfeited

The county clerk, the deputy clerk of the justice court, or the Clerk of the Supreme Court shall notify the district attorney of the appropriate county, in writing, promptly upon the receipt of information indicating that a bail bond has been forfeited.

Henderson Detention Facility

Address: 18 E. Basic Road, Henderson, NV 89015
Phone: (702) 267-JAIL (5245)
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Clark County Detention Center

Address: 330 S Casino Center Blvd, Las Vegas, NV 89101
Phone: (702) 671-3900
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North Las Vegas Community Correctional Center

Address: 2332 Las Vegas Blvd N, North Las Vegas, NV 89030
Phone: (702) 633-1400
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Las Vegas Detention Center

Address: 3111 S Sammy Davis Jr Dr, Las Vegas, NV 89109
Phone: (702) 953-1162
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