The court may exonerate the surety or set aside a forfeiture of the surety bond upon such terms as may be just if:
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:
(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
(b) Not in any way caused or aided by the surety; or
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:
(a) Is dead;
(b) Is ill;
(c) Is insane; or
(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)
Structure Nevada Revised Statutes
Chapter 176A - Probation and Suspension of Sentence
NRS 176A.020 - "Board" defined.
NRS 176A.030 - "Court" defined.
NRS 176A.040 - "Division" defined.
NRS 176A.043 - "Member of the military" defined.
NRS 176A.045 - "Mental illness" defined.
NRS 176A.047 - "Intellectual disability" defined.
NRS 176A.050 - "Parole and probation officer" defined.
NRS 176A.060 - "Residential confinement" defined.
NRS 176A.065 - "Specialty court program" defined.
NRS 176A.070 - "Standards" defined.
NRS 176A.080 - "Surety bond" defined.
NRS 176A.090 - "Veteran" defined.
NRS 176A.200 - Investigation by Division.
NRS 176A.210 - Promise to comply with conditions of probation; waiver of extradition.
NRS 176A.220 - Delivery of copy of records to Chief Parole and Probation Officer.
NRS 176A.287 - Ineligibility for program: Exceptions.
NRS 176A.300 - Execution and amount of surety bond.
NRS 176A.310 - Conditions; duties of surety; probationer to report to and pay surety.
NRS 176A.330 - Exoneration of surety and setting aside of forfeiture of surety bond.
NRS 176A.350 - Discharge of surety and release of bond.
NRS 176A.360 - Arrest of probationer.
NRS 176A.370 - Money collected to be deposited in State General Fund.
NRS 176A.420 - Tests to determine use of controlled substance.
NRS 176A.440 - Program of enhanced supervision.
NRS 176A.530 - Authority of Chief Parole and Probation Officer to order.
NRS 176A.540 - Requirements; enhanced supervision; use of electronic device; limitations.
NRS 176A.550 - Terms and conditions; modification; notice to probationer.
NRS 176A.560 - Termination; detention of probationer in jail.
NRS 176A.590 - Enforcement of subpoena issued by inquiring officer; contempt.
NRS 176A.600 - Notice to probationer; rights of probationer at inquiry.
NRS 176A.670 - Terms and conditions; modification; notice.
NRS 176A.730 - Assignment of probationers; limitations.
NRS 176A.770 - Legislative declaration.
NRS 176A.780 - Eligibility; procedure; completion; deduction of time from sentence.