Nev. Rev. Stat. ch. 178 – General Provisions | Midpage

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Nevada Revised Statutes

Chapter 178

Nev. Rev. Stat. ch. 178

General Provisions

178.388Presence of defendant 178.391Second prosecution for same offense prohibited 178.394No person to be compelled to be witness against himself or herself in criminal action, or to be unnecessarily restrained 178.397Assignment of counsel 178.3971Appointment of defense team for defendant accused of murder of first degree 178.3972Prohibition against requiring indigent defendant to pay costs of appointed attorney 178.3975Order for payment by defendant; remission of payment; disposition of amounts recovered; community service 178.398Execution against defendant’s property 178.39801Collection of fee by certain entities 178.39802Additional costs and fees for collection 178.3981Definitions 178.3982“Administrator” defined 178.3983“Division” defined 178.3984“Division facility” defined 178.39845“Forensic facility” defined 178.3985“Mental disorder” defined 178.3986“Person with mental illness” defined 178.399“Treatment to competency” defined 178.400Incompetent person cannot be tried or adjudged to punishment for public offense 178.405Suspension of trial or pronouncement of judgment when doubt arises as to competence of defendant; notice of suspension to be provided to other departments 178.415Appointment of person or persons to examine defendant; hearing; no indictment while court considers competence of defendant; finding 178.417Certification of person who evaluates competency of defendant required 178.420Procedure on finding defendant competent 178.425Procedure on finding defendant incompetent; order for involuntary administration of psychiatric medication 178.426Establishment and operation of facility for treatment to competency within certain jails or detention facilities; establishment of program for treatment to competency and reintegration at location other than forensic facility 178.430Commitment of defendant exonerates bail 178.435Expenses of examination and transportation are charge against county or city; recovery from estate or relative 178.440Clerk to certify costs to county or city 178.450Duties of Administrator or Administrator’s designee following finding of incompetence; observation and evaluation of defendant; report to court 178.453Access by Administrator to certain records of defendant in possession of Department of Corrections or local detention facility authorized for purpose of evaluating and treating defendant 178.455Procedure for evaluating certain defendants following finding of incompetence; report to court; procedure concerning misdemeanants 178.460Powers and duties of court following finding of incompetence; limitation on length of commitment 178.461Motion for hearing to determine whether to commit certain incompetent defendants to custody of Administrator; comprehensive risk assessment; dismissal of motion in certain circumstances; length of commitment; review of eligibility for conditional release; procedure for requesting extension of commitment 178.463Conditional release of incompetent defendant committed to custody of Administrator: When eligible; annual review of eligibility for discharge from conditional release; immunity from liability; maximum duration 178.464Procedure when defendant violates condition of release; hearing to determine whether to continue, modify or terminate conditional release 178.467Person committed to custody of Administrator: Eligibility for discharge or conditional release; recommitment for failure to comply with conditions 178.468Hearing to determine eligibility of person committed to custody of Administrator for discharge or conditional release; report by Administrator 178.469Petition for discharge or conditional release by person committed to custody of Administrator 178.471Effect of conditional release of person committed to custody of Administrator; authority of court over person conditionally released 178.4715Notification of victims upon discharge, conditional release or escape 178.472Computation 178.476Enlargement 178.478Motions; affidavits 178.482Additional time after service by mail 178.483“Electronic transmission,” “electronically transmit” and “electronically transmitted” defined 178.484Right to bail before conviction; exceptions; specific requirements for certain offenses 178.4845Court 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 178.4847Adoption of administrative order relating to circumstances under which person may be released from custody without pretrial release hearing 178.4849Pretrial 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 178.4851Imposition of bail or conditions of release; signing and filing of document; arrest for violation of condition 178.4853Factors considered in reviewing custody status 178.4855Limitations on release without bail of certain defendants who are taken into custody while admitted to bail on other charges; notice to bail agent required 178.486When bail is matter of discretion, notice of application must be given to district attorney 178.487Bail after arrest for felony offense committed while on bail 178.4871Postconviction petitioner for habeas corpus: Limitations on release 178.4873Postconviction petitioner for habeas corpus: Release pending appeal 178.4875Proceeding for forfeiture of bail pending review or appeal; proceeding for recommitment of defendant 178.488Right to bail upon review; notice of application to be given district attorney 178.494Bail for material witnesses; judicial review of detention or amount of bail; scheduling of case in which material witness will testify 178.498Amount 178.499Increase in amount 178.502Form of bail; extension of bond or undertaking to proceedings in other courts; exoneration; place of deposit 178.504Justification of sureties 178.506Declaration of forfeiture 178.508Duties of court when defendant fails to appear; procedure for issuing order of forfeiture; when forfeiture becomes effective; grounds for extending date of forfeiture 178.509Exoneration of surety before date of forfeiture: Conditions; grounds 178.512Setting aside forfeiture: Conditions; grounds; when written finding is required 178.514Enforcement of forfeiture 178.516Remission of forfeited money 178.518Payment of forfeited deposits to county treasurer or State Controller 178.522Exoneration of bail 178.524Deposit required in certain cases 178.526Arrest of defendant 178.528Disposition of money deposited as bail 178.532Recommitment of defendant after having given bail or deposited money 178.534Contents of order for recommitment 178.536Arrest on order of recommitment 178.538Commitment of defendant on order when defendant fails to appear for judgment; if order issued for other cause, defendant may be admitted to bail 178.542Records: District court 178.544Records: Justice Court 178.546Records: Court of Appeals and Supreme Court 178.548Notification of district attorney when bail bond is forfeited 178.552Form; contents 178.554Dismissal by district attorney or Attorney General by leave of court 178.556Dismissal by court for unnecessary delay 178.562Dismissal or discharge as bar to another prosecution 178.563Notice to defendant of provisions concerning sealing of records of proceedings leading to dismissal 178.564Certain offenses for which party injured has civil action may be compromised 178.566Compromise to be by permission of court; order to bar another prosecution 178.568No public offense to be compromised except as provided in this title 178.569Definitions 178.5691Confidentiality of personal information 178.5692Investigation by sheriff of threats of harm; protection 178.5694Harassment of victim or witness by employer; notification by prosecuting attorney of continuance of proceeding 178.5696Separate waiting area; disposition of personal property; fees for testifying 178.5698Information concerning release of defendant and disposition of case provided upon request; court to inform and provide documentation to certain persons of their right to be informed of release of offender from prison in certain cases; when and whom warden must inform of release of offender from prison 178.571Applicability to certain cases; persons permitted to be attendant; permissible conduct by attendant; exclusion for good cause 178.5713Definitions 178.5714Benefit” defined 178.5715Cooperation agreement” defined 178.5716Informant” defined 178.5717Office of prosecuting attorney required to maintain records relating to certain informants; contents of records; confidentiality 178.5718Disclosure by prosecuting attorney of certain information relating to certain informants; time limits; instructions to jury 178.572Order of immunity releasing material witness from prosecution or punishment on motion of State 178.574Order of immunity bar to prosecution; exception 178.576Failure of witness granted immunity to testify is contempt 178.578Denial of motion 178.582Service: When required 178.584Service: How made 178.586Notice of orders 178.588Filing of papers 178.589Use of facsimile machine 178.591Use of electronic means 178.592Calendar of criminal actions: Preparation by clerk 178.594Order of disposing of issues on calendar 178.596Exceptions unnecessary 178.598Harmless error 178.602Plain error 178.606Docket kept by clerk of justice court; contents 178.608Rules of justice courts and district courts not to be inconsistent with this title 178.610Where no procedure specifically prescribed court may proceed in lawful manner 178.620Enactment; text 178.630Duties of Director of Department of Corrections 178.640Duty of Governor 178.700Procedure for making request; time for responding; withdrawal of request; notice of receipt of detainer 178.750District attorney to submit annual report to Department of Sentencing Policy on cases filed that included charge for murder or involuntary manslaughter; contents of report 178.760Prosecution and defense in pretrial release hearings; stipend