Nevada Revised Statutes
Chapter 178 - General Provisions
NRS 178.4871 - Postconviction petitioner for habeas corpus: Limitations on release.

A person who has filed a postconviction petition for habeas corpus:
1. Must not in any case be released on the person’s own recognizance.
2. Must not be admitted to bail pending a review of the petition unless:
(a) The petition is filed in the proper jurisdiction;
(b) The petition presents substantial questions of law or fact and does not appear to be barred procedurally;
(c) The petitioner has made out a clear case on the merits; and
(d) There are exceptional circumstances deserving of special treatment in the interests of justice.
(Added to NRS by 1987, 1232; A 1991, 91)

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Structure Nevada Revised Statutes

Nevada Revised Statutes

Chapter 178 - General Provisions

NRS 178.388 - Presence of defendant.

NRS 178.391 - Second prosecution for same offense prohibited.

NRS 178.394 - No person to be compelled to be witness against himself or herself in criminal action, or to be unnecessarily restrained.

NRS 178.397 - Assignment of counsel.

NRS 178.3971 - Appointment of defense team for defendant accused of murder of first degree.

NRS 178.3975 - Order for payment by defendant; remission of payment; disposition of amounts recovered; community service.

NRS 178.398 - Execution against defendant’s property.

NRS 178.39801 - Collection of fee by certain entities.

NRS 178.39802 - Additional costs and fees for collection.

NRS 178.3981 - Definitions.

NRS 178.3982 - "Administrator" defined.

NRS 178.3983 - "Division" defined.

NRS 178.3984 - "Division facility" defined.

NRS 178.39845 - "Forensic facility" defined.

NRS 178.3985 - "Mental disorder" defined.

NRS 178.3986 - "Person with mental illness" defined.

NRS 178.399 - "Treatment to competency" defined.

NRS 178.400 - Incompetent person cannot be tried or adjudged to punishment for public offense.

NRS 178.405 - Suspension of trial or pronouncement of judgment when doubt arises as to competence of defendant; notice of suspension to be provided to other departments.

NRS 178.415 - Appointment of person or persons to examine defendant; hearing; no indictment while court considers competence of defendant; finding.

NRS 178.417 - Certification of person who evaluates competency of defendant required.

NRS 178.420 - Procedure on finding defendant competent.

NRS 178.425 - Procedure on finding defendant incompetent.

NRS 178.430 - Commitment of defendant exonerates bail.

NRS 178.435 - Expenses of examination and transportation are charge against county or city; recovery from estate or relative.

NRS 178.440 - Clerk to certify costs to county or city.

NRS 178.450 - Duties of Administrator or Administrator’s designee following finding of incompetence; observation and evaluation of defendant; report to court.

NRS 178.453 - Access by Administrator to certain records of defendant within possession of Department of Corrections authorized for purpose of evaluating and treating defendant.

NRS 178.455 - Procedure for evaluating certain defendants following finding of incompetence; report to court; procedure concerning misdemeanants.

NRS 178.460 - Powers and duties of court following finding of incompetence; limitation on length of commitment.

NRS 178.461 - Motion for hearing to determine whether to commit incompetent defendant to custody of Administrator; risk assessment; dismissal of motion in certain circumstances; length of commitment; review of eligibility for conditional release; pro...

NRS 178.463 - Conditional release of incompetent defendant committed to custody of Administrator: When eligible; annual review of eligibility for discharge from conditional release; maximum duration.

NRS 178.464 - Procedure when defendant violates condition of release; hearing to determine whether to continue, modify or terminate conditional release.

NRS 178.467 - Person committed to custody of Administrator: Eligibility for discharge or conditional release; recommitment for failure to comply with conditions.

NRS 178.468 - Hearing to determine eligibility of person committed to custody of Administrator for discharge or conditional release; report by Administrator.

NRS 178.469 - Petition for discharge or conditional release by person committed to custody of Administrator.

NRS 178.471 - Effect of conditional release of person committed to custody of Administrator; authority of court over person conditionally released.

NRS 178.4715 - Notification of victims upon discharge, conditional release or escape.

NRS 178.472 - Computation.

NRS 178.476 - Enlargement.

NRS 178.478 - Motions; affidavits.

NRS 178.482 - Additional time after service by mail.

NRS 178.483 - "Electronic transmission," "electronically transmit" and "electronically transmitted" defined.

NRS 178.484 - Right to bail before conviction; exceptions; specific requirements for certain offenses.

NRS 178.4845 - Court 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 Repositor...

NRS 178.4847 - Adoption of administrative order relating to circumstances under which person may be released from custody without pretrial release hearing. [Effective July 1, 2022.]

NRS 178.4849 - Pretrial release hearing required to be held within 48 hours after person taken into custody to determine custody status; exceptions; continuance. [Effective July 1, 2022.]

NRS 178.4851 - Imposition of bail or conditions of release; signing and filing of document; arrest for violation of condition.

NRS 178.4853 - Factors considered in reviewing custody status.

NRS 178.4855 - Limitations on release without bail of certain defendants who are taken into custody while admitted to bail on other charges; notice to bail agent required.

NRS 178.486 - When bail is matter of discretion, notice of application must be given to district attorney.

NRS 178.487 - Bail after arrest for felony offense committed while on bail.

NRS 178.4871 - Postconviction petitioner for habeas corpus: Limitations on release.

NRS 178.4873 - Postconviction petitioner for habeas corpus: Release pending appeal.

NRS 178.4875 - Proceeding for forfeiture of bail pending review or appeal; proceeding for recommitment of defendant.

NRS 178.488 - Right to bail upon review; notice of application to be given district attorney.

NRS 178.494 - Bail for material witnesses; judicial review of detention or amount of bail; scheduling of case in which material witness will testify.

NRS 178.498 - Amount.

NRS 178.499 - Increase in amount.

NRS 178.502 - Form of bail; extension of bond or undertaking to proceedings in other courts; exoneration; place of deposit.

NRS 178.504 - Justification of sureties.

NRS 178.506 - Declaration of forfeiture.

NRS 178.508 - Duties of court when defendant fails to appear; procedure for issuing order of forfeiture; when forfeiture becomes effective; grounds for extending date of forfeiture.

NRS 178.509 - Exoneration of surety before date of forfeiture: Conditions; grounds.

NRS 178.512 - Setting aside forfeiture: Conditions; grounds; when written finding is required.

NRS 178.514 - Enforcement of forfeiture.

NRS 178.516 - Remission of forfeited money.

NRS 178.518 - Payment of forfeited deposits to county treasurer or State Controller.

NRS 178.522 - Exoneration of bail.

NRS 178.524 - Deposit required in certain cases.

NRS 178.526 - Arrest of defendant.

NRS 178.528 - Disposition of money deposited as bail.

NRS 178.532 - Recommitment of defendant after having given bail or deposited money.

NRS 178.534 - Contents of order for recommitment.

NRS 178.536 - Arrest on order of recommitment.

NRS 178.538 - Commitment of defendant on order when defendant fails to appear for judgment; if order issued for other cause, defendant may be admitted to bail.

NRS 178.542 - Records: District court.

NRS 178.544 - Records: Justice Court.

NRS 178.546 - Records: Court of Appeals and Supreme Court.

NRS 178.548 - Notification of district attorney when bail bond is forfeited.

NRS 178.552 - Form; contents.

NRS 178.554 - Dismissal by district attorney or Attorney General by leave of court.

NRS 178.556 - Dismissal by court for unnecessary delay.

NRS 178.562 - Dismissal or discharge as bar to another prosecution.

NRS 178.563 - Notice to defendant of provisions concerning sealing of records of proceedings leading to dismissal.

NRS 178.564 - Certain offenses for which party injured has civil action may be compromised.

NRS 178.566 - Compromise to be by permission of court; order to bar another prosecution.

NRS 178.568 - No public offense to be compromised except as provided in this title.

NRS 178.569 - Definitions.

NRS 178.5691 - Confidentiality of personal information.

NRS 178.5692 - Investigation by sheriff of threats of harm; protection.

NRS 178.5694 - Harassment of victim or witness by employer; notification by prosecuting attorney of continuance of proceeding.

NRS 178.5696 - Separate waiting area; disposition of personal property; fees for testifying.

NRS 178.5698 - Information 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;...

NRS 178.571 - Applicability to certain cases; persons permitted to be attendant; permissible conduct by attendant; exclusion for good cause.

NRS 178.572 - Order of immunity releasing material witness from prosecution or punishment on motion of State.

NRS 178.574 - Order of immunity bar to prosecution; exception.

NRS 178.576 - Failure of witness granted immunity to testify is contempt.

NRS 178.578 - Denial of motion.

NRS 178.582 - Service: When required.

NRS 178.584 - Service: How made.

NRS 178.586 - Notice of orders.

NRS 178.588 - Filing of papers.

NRS 178.589 - Use of facsimile machine.

NRS 178.592 - Calendar of criminal actions: Preparation by clerk.

NRS 178.594 - Order of disposing of issues on calendar.

NRS 178.596 - Exceptions unnecessary.

NRS 178.598 - Harmless error.

NRS 178.602 - Plain error.

NRS 178.606 - Docket kept by deputy clerk of justice court; contents.

NRS 178.608 - Rules of justice courts and district courts not to be inconsistent with this title.

NRS 178.610 - Where no procedure specifically prescribed court may proceed in lawful manner.

NRS 178.620 - Enactment; text.

NRS 178.630 - Duties of Director of Department of Corrections.

NRS 178.640 - Duty of Governor.

NRS 178.700 - Procedure for making request; time for responding; withdrawal of request; notice of receipt of detainer.

NRS 178.750 - District attorney to submit annual report to Attorney General on cases filed that included charge for murder or involuntary manslaughter.