Current through 82nd (2023) Legislative Session Chapter 535 and 34th (2023) Special Session Chapter 1 and 35th (2023) Special Session Chapter 1
Section 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 communication1. 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, 2504Amended by 2023, Ch. 416,§1.2, eff. 7/1/2023.Added by 2021, Ch. 375,§5.7, eff. 7/1/2022.