The court may exonerate the surety or set aside a forfeiture of the surety bond upon such terms as may be just if:

1. 1. The probationer appears before the court and the court, upon hearing the matter, determines that the violation or failure of the probationer to fulfill the condition of probation was:

   1. (a) Caused by circumstances beyond the probationer’s control and occurred notwithstanding the exercise of ordinary care and in the absence of willful neglect; and
   2. (b) Not in any way caused or aided by the surety; or

2. 2. The surety submits an application for exoneration or an application to set the forfeiture aside on the ground that the probationer is unable to appear because the probationer:

   1. (a) Is dead;
   2. (b) Is ill;
   3. (c) Is insane; or

   4. (d) Is being detained by civil or military authorities,

      and the court, upon hearing the matter, determines that the requirements of paragraphs (a) and (b) of subsection 1 have been met and that the surety did not in any way cause or aid the absence of the probationer from the hearing.

(Added to NRS by 1995, 1247)