Pretrial release hearing required to be held within 48 hours after person taken into custody to determine custody status; exceptions; continuance; appearance by means of remote communication.

NRS

178.4849

Pretrial release hearing required to be held within 48 hours after person taken into custody to determine custody status; exceptions; continuance; appearance by means of remote communication.

1. Except as otherwise provided in subsection 2 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.

2. The court may continue a pretrial release hearing:

(a) At the request of either party or the court and for good cause shown.

(b) Upon stipulation of the parties. The court shall schedule a hearing continued pursuant to this paragraph for the date specified by stipulation.

3. A stipulation made pursuant to subsection 2 may be:

(a) An oral stipulation; or

(b) A written stipulation communicated by mail, by electronic mail, via the Internet or by other electronic means.

4. The prosecuting attorney, the defendant and the defendant’s attorney may appear at a pretrial release hearing by means of remote communication. An appearance by means of remote communication must be treated in the same manner as an appearance in person.

5. A magistrate who presides over a pretrial release hearing may do so by means of remote communication.

6. As used in this section:

(a) “Magistrate” means a judicial officer who presides over a pretrial release hearing.

(b) “Remote communication” means communication through telephone or videoconferencing.

(Added to NRS by 2021, 2230 ; A 2023, 2504 )