Nevada § 178.484 - Right to bail before conviction; exceptions; specific requirements for certain offenses

§ 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, a power-driven vessel or a sailing

vessel under way 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 . 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. 10. 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. 11. As used in this section, “ strangulation ” has the meaning ascribed to it in NRS 200.481 .