A.B. 320
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ASSEMBLY BILL NO. 320–ASSEMBLYMEMBERS
JACKSON; AND D’SILVA
FEBRUARY 27, 2025
____________
Referred to Committee on Judiciary
SUMMARY—Revises provisions related to criminal justice.
(BDR 14-810)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: Yes.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to criminal justice; prohibiting courts from
denying defendants in criminal actions access to
courtrooms and proceedings under certain circumstances
related to attire; revising provisions relating to the
imposition of bail or conditions of release; requiring the
Division of Parole and Probation of the Department of
Public Safety to establish a pilot program relating to
employment opportunities and training for parolees and
probationers; and providing other matters properly
relating thereto.
Legislative Counsel’s Digest:
Existing law establishes various provisions related to criminal procedure. (Title 1
14 of NRS) Section 1 of this bill prohibits a court from denying a defendant in a 2
criminal action access to a courtroom or judicial proceeding solely because the 3
defendant is not wearing formal or professional attire. 4
Existing law provides that a court may only impose bail or a condition of 5
release, or both, on a person if the imposition is the least restrictive means 6
necessary to protect the safety of the community or to ensure the appearance of the 7
person in court. (NRS 178.4851) Existing law requires a court to consider certain 8
factors when making this determination. (NRS 178.4853, 178.498) Section 3 of this 9
bill provides that the imposition of bail is not the least restrictive means necessary 10
to protect the safety of the community or to ensure the appearance of the person in 11
court if the person is arrested for certain misdemeanor or gross misdemeanor 12
offenses and has no previous convictions. Section 2 of this bill makes a conforming 13
change to reflect the changes in section 3. Section 4 of this bill requires a court to 14
consider additional factors related to the participation of a person in an employment 15
readiness, substance use disorder treatment or mental health treatment program in 16
making decisions regarding pretrial release. 17
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Section 5 of this bill requires the Division of Parole and Probation of the 18
Department of Public Safety to establish a pilot program to identify and develop 19
employment opportunities for and provide training on employment readiness to 20
parolees and probationers. Section 6 of this bill applies definitions in existing law 21
relating to parole to section 5. 22
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 169 of NRS is hereby amended by adding 1
thereto a new section to read as follows: 2
1. A court may not deny a defendant access to a courtroom or 3
proceeding solely because the defendant is not wearing formal or 4
professional attire. 5
2. As used in this section, “formal or professional attire” 6
includes, without limitation, suits, trousers, slacks, long pants, 7
dress shirts, long-sleeved shirts, suit jackets, blazers, ties, dresses, 8
skirts, pantsuits, dress shoes and closed-toe shoes. 9
Sec. 2. NRS 178.484 is hereby amended to read as follows: 10
178.484 1. Except as otherwise provided in this section [,] 11
and NRS 178.4851, a person arrested for an offense other than 12
murder of the first degree must be admitted to bail. 13
2. A person arrested for a felony who has been released on 14
probation or parole for a different offense must not be admitted to 15
bail unless: 16
(a) A court issues an order directing that the person be admitted 17
to bail; 18
(b) The State Board of Parole Commissioners directs the 19
detention facility to admit the person to bail; or 20
(c) The Division of Parole and Probation of the Department of 21
Public Safety directs the detention facility to admit the person to 22
bail. 23
3. A person arrested for a felony whose sentence has been 24
suspended pursuant to NRS 4.373 or 5.055 for a different offense or 25
who has been sentenced to a term of residential confinement 26
pursuant to NRS 4.3762 or 5.076 for a different offense must not be 27
admitted to bail unless: 28
(a) A court issues an order directing that the person be admitted 29
to bail; or 30
(b) A department of alternative sentencing directs the detention 31
facility to admit the person to bail. 32
4. A person arrested for murder of the first degree may be 33
admitted to bail unless the proof is evident or the presumption great 34
by any competent court or magistrate authorized by law to do so in 35
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the exercise of discretion, giving due weight to the evidence and to 1
the nature and circumstances of the offense. 2
5. A person arrested for a violation of NRS 484C.110, 3
484C.120, 484C.130, 484C.430, 488.410, 488.420 or 488.425 who 4
is under the influence of intoxicating liquor must not be admitted to 5
bail or released on the person’s own recognizance unless the person 6
has a concentration of alcohol of less than 0.04 in his or her breath. 7
A test of the person’s breath pursuant to this subsection to determine 8
the concentration of alcohol in his or her breath as a condition of 9
admission to bail or release is not admissible as evidence against the 10
person. 11
6. A person arrested for a violation of NRS 484C.110, 12
484C.120, 484C.130, 484C.430, 488.410, 488.420 or 488.425 who 13
is under the influence of a controlled substance, is under the 14
combined influence of intoxicating liquor and a controlled 15
substance, or inhales, ingests, applies or otherwise uses any 16
chemical, poison or organic solvent, or any compound or 17
combination of any of these, to a degree which renders the person 18
incapable of safely driving or exercising actual physical control of a 19
vehicle, a power-driven vessel or a sailing vessel under way must 20
not be admitted to bail or released on the person’s own recognizance 21
sooner than 12 hours after arrest. 22
7. A person arrested for a battery that constitutes domestic 23
violence pursuant to NRS 33.018 must not be admitted to bail 24
sooner than 12 hours after arrest. If the person is admitted to bail 25
more than 12 hours after arrest, without appearing personally before 26
a magistrate or without the amount of bail having been otherwise set 27
by a magistrate or a court, the amount of bail must be: 28
(a) Three thousand dollars, if the person has no previous 29
convictions of battery that constitute domestic violence pursuant to 30
NRS 33.018 and there is no reason to believe that the battery for 31
which the person has been arrested resulted in substantial bodily 32
harm or was committed by strangulation; 33
(b) Five thousand dollars, if the person has: 34
(1) No previous convictions of battery that constitute 35
domestic violence pursuant to NRS 33.018, but there is reason to 36
believe that the battery for which the person has been arrested 37
resulted in substantial bodily harm or was committed by 38
strangulation; or 39
(2) One previous conviction of battery that constitutes 40
domestic violence pursuant to NRS 33.018, but there is no reason to 41
believe that the battery for which the person has been arrested 42
resulted in substantial bodily harm or was committed by 43
strangulation; or 44
(c) Fifteen thousand dollars, if the person has: 45
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(1) One previous conviction of battery that constitutes 1
domestic violence pursuant to NRS 33.018 and there is reason to 2
believe that the battery for which the person has been arrested 3
resulted in substantial bodily harm or was committed by 4
strangulation; or 5
(2) Two or more previous convictions of battery that 6
constitute domestic violence pursuant to NRS 33.018. 7
The provisions of this subsection do not affect the authority of a 8
magistrate or a court to set the amount of bail when the person 9
personally appears before the magistrate or the court, or when a 10
magistrate or a court has otherwise been contacted to set the amount 11
of bail. For the purposes of this subsection, a person shall be 12
deemed to have a previous conviction of battery that constitutes 13
domestic violence pursuant to NRS 33.018 if the person has been 14
convicted of such an offense in this State or has been convicted of 15
violating a law of any other jurisdiction that prohibits the same or 16
similar conduct. 17
8. A person arrested for violating a temporary or extended 18
order for protection against domestic violence issued pursuant to 19
NRS 33.017 to 33.100, inclusive, or for violating a restraining order 20
or injunction that is in the nature of a temporary or extended order 21
for protection against domestic violence issued in an action or 22
proceeding brought pursuant to title 11 of NRS, or for violating a 23
temporary or extended order for protection against stalking, 24
aggravated stalking or harassment issued pursuant to NRS 200.591, 25
or for violating a temporary or extended order for protection against 26
sexual assault pursuant to NRS 200.378 must not be admitted to bail 27
sooner than 12 hours after arrest if: 28
(a) The arresting officer determines that such a violation is 29
accompanied by a direct or indirect threat of harm; 30
(b) The person has previously violated a temporary or extended 31
order for protection of the type for which the person has been 32
arrested; or 33
(c) At the time of the violation or within 2 hours after the 34
violation, the person has: 35
(1) A concentration of alcohol of 0.08 or more in the 36
person’s blood or breath; or 37
(2) An amount of a prohibited substance in the person’s 38
blood or urine, as applicable, that is equal to or greater than the 39
amount set forth in subsection 3 or 4 of NRS 484C.110. 40
9. If a person is admitted to bail more than 12 hours after 41
arrest, pursuant to subsection 8, without appearing personally before 42
a magistrate or without the amount of bail having been otherwise set 43
by a magistrate or a court, the amount of bail must be: 44
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(a) Three thousand dollars, if the person has no previous 1
convictions of violating a temporary or extended order for 2
protection against domestic violence issued pursuant to NRS 33.017 3
to 33.100, inclusive, or of violating a restraining order or injunction 4
that is in the nature of a temporary or extended order for protection 5
against domestic violence issued in an action or proceeding brought 6
pursuant to title 11 of NRS, or of violating a temporary or extended 7
order for protection against stalking, aggravated stalking or 8
harassment issued pursuant to NRS 200.591, or of violating a 9
temporary or extended order for protection against sexual assault 10
pursuant to NRS 200.378; 11
(b) Five thousand dollars, if the person has one previous 12
conviction of violating a temporary or extended order for protection 13
against domestic violence issued pursuant to NRS 33.017 to 33.100, 14
inclusive, or of violating a restraining order or injunction that is in 15
the nature of a temporary or extended order for protection against 16
domestic violence issued in an action or proceeding brought 17
pursuant to title 11 of NRS, or of violating a temporary or extended 18
order for protection against stalking, aggravated stalking or 19
harassment issued pursuant to NRS 200.591, or of violating a 20
temporary or extended order for protection against sexual assault 21
pursuant to NRS 200.378; or 22
(c) Fifteen thousand dollars, if the person has two or more 23
previous convictions of violating a temporary or extended order for 24
protection against domestic violence issued pursuant to NRS 33.017 25
to 33.100, inclusive, or of violating a restraining order or injunction 26
that is in the nature of a temporary or extended order for protection 27
against domestic violence issued in an action or proceeding brought 28
pursuant to title 11 of NRS, or of violating a temporary or extended 29
order for protection against stalking, aggravated stalking or 30
harassment issued pursuant to NRS 200.591, or of violating a 31
temporary or extended order for protection against sexual assault 32
pursuant to NRS 200.378. 33
The provisions of this subsection do not affect the authority of a 34
magistrate or a court to set the amount of bail when the person 35
personally appears before the magistrate or the court or when a 36
magistrate or a court has otherwise been contacted to set the amount 37
of bail. For the purposes of this subsection, a person shall be 38
deemed to have a previous conviction of violating a temporary or 39
extended order for protection against domestic violence issued 40
pursuant to NRS 33.017 to 33.100, inclusive, or of violating a 41
restraining order or injunction that is in the nature of a temporary or 42
extended order for protection against domestic violence issued in an 43
action or proceeding brought pursuant to title 11 of NRS, or of 44
violating a temporary or extended order for protection against 45
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stalking, aggravated stalking or harassment issued pursuant to NRS 1
200.591, or of violating a temporary or extended order for 2
protection against sexual assault pursuant to NRS 200.378, if the 3
person has been convicted of such an offense in this State or has 4
been convicted of violating a law of any other jurisdiction that 5
prohibits the same or similar conduct. 6
10. For the purposes of subsections 8 and 9, an order or 7
injunction is in the nature of a temporary or extended order for 8
protection against domestic violence if it grants relief that might be 9
given in a temporary or extended order issued pursuant to NRS 10
33.017 to 33.100, inclusive. 11
11. As used in this section, “strangulation” has the meaning 12
ascribed to it in NRS 200.481. 13
Sec. 3. NRS 178.4851 is hereby amended to read as follows: 14
178.4851 1. Except as otherwise provided in [subsection 4,] 15
subsections 4 and 5, the court shall only impose bail or a condition 16
of release, or both, on a person as it deems to be the least restrictive 17
means necessary to protect the safety of the community or to ensure 18
that the person will appear at all times and places ordered by the 19
court, with regard to the factors set forth in NRS 178.4853 and 20
178.498. Such conditions of release may include, without limitation: 21
(a) Requiring the person to remain in this State or a certain 22
county within this State; 23
(b) Prohibiting the person from contacting or attempting to 24
contact a specific person or from causing or attempting to cause 25
another person to contact that person on the person’s behalf; 26
(c) Prohibiting the person from entering a certain geographic 27
area; 28
(d) Prohibiting the person from possessing a firearm during the 29
pendency of the case; or 30
(e) Prohibiting the person from engaging in specific conduct that 31
may be harmful to the person’s own health, safety or welfare, or the 32
health, safety or welfare of another person. 33
2. A prosecuting attorney may request that a court impose bail 34
or a condition of release, or both, on a person. If the request includes 35
the imposition of bail, the prosecuting attorney must prove by clear 36
and convincing evidence that the imposition of bail is necessary to 37
protect the safety of the community or to ensure that the person will 38
appear at all times and places ordered by the court, with regard to 39
the factors set forth in NRS 178.4853 and 178.498. 40
3. If a court imposes bail or any condition of release, or both, 41
other than release on recognizance with no other conditions of 42
release, the court shall make findings of fact for such a 43
determination and state its reasoning on the record, and, if the 44
determination includes the imposition of a condition of release, the 45
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findings of fact must include why the condition of release 1
constitutes the least restrictive means necessary to protect the safety 2
of the community or to ensure that the person will appear at the 3
times and places ordered by the court. 4
4. A person arrested for murder of the first degree may be 5
admitted to bail unless the proof is evident or the presumption great 6
by any competent court or magistrate authorized by law to do so in 7
the exercise of discretion, giving due weight to the evidence and to 8
the nature and circumstances of the offense. 9
5. The imposition of bail is not the least restrictive means 10
necessary to protect the safety of the community or to ensure that 11
the person will appear at all times and places ordered by the court, 12
if a person is arrested for a misdemeanor or gross misdemeanor 13
that is not a crime of violence and the person has not previously 14
been convicted of any offense. This subsection does not apply to 15
any bail that may be set pursuant to NRS 178.484. 16
6. The person must sign a document before the person’s release 17
stating that: 18
(a) The person will appear at all times and places as ordered by 19
the court releasing the person and as ordered by any court before 20
which the charge is subsequently heard; 21
(b) The person will comply with the other conditions which 22
have been imposed by the court and are stated in the document; 23
(c) If the person fails to appear when so ordered and is taken 24
into custody outside of this State, the person waives all rights 25
relating to extradition proceedings; and 26
(d) The person understands that any court of competent 27
jurisdiction may revoke the order of release without bail and may 28
order the person into custody or require the person to furnish bail or 29
otherwise ensure the protection of the safety of the community or 30
the person’s appearance, if applicable. 31
[6.] 7. The document signed pursuant to subsection [5] 6 must 32
be filed with the clerk of the court of competent jurisdiction and 33
becomes effective upon the signature of the person to be released. 34
[7.] 8. If a person fails to comply with a condition of release 35
imposed pursuant to this section, the court may, after providing the 36
person with reasonable notice and an opportunity for a hearing: 37
(a) Deem such conduct a contempt pursuant to NRS 22.010; 38
(b) Impose such additional conditions of release as the court 39
deems necessary to protect the safety of the community or to ensure 40
the person will appear at the times and places ordered by the court; 41
(c) Increase the amount of bail pursuant to NRS 178.499, if 42
applicable; or 43
(d) Revoke bail and remand the person into custody. 44
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[8.] 9. If a person fails to appear as ordered by the court and a 1
jurisdiction incurs any costs in returning a person to the jurisdiction 2
to stand trial, the person failing to appear is responsible for paying 3
those costs as restitution. 4
[9.] 10. An order issued pursuant to this section that imposes a 5
condition on a person must include a provision ordering a law 6
enforcement officer to arrest the person if the law enforcement 7
officer has probable cause to believe that the person has violated a 8
condition of release. 9
[10.] 11. Nothing in this section shall be construed to require a 10
court to receive the request of a prosecuting attorney before 11
imposing a condition of release. 12
12. As used in this section, “crime of violence” means any 13
offense involving the use or threatened use of force or violence 14
against another person. 15
Sec. 4. NRS 178.4853 is hereby amended to read as follows: 16
178.4853 In reviewing the custody status of a person, the court 17
at a minimum shall consider the following factors concerning the 18
person: 19
1. The length of residence in the community; 20
2. The status and history of employment; 21
3. The status and history of participation in a program for 22
employment readiness; 23
4. Relationships with the person’s spouse and children, parents 24
or other family members and with close friends; 25
[4.] 5. Reputation, character and mental condition; 26
6. The status and history of participation in a program of 27
substance use disorder treatment or mental health treatment; 28
[5.] 7. Prior criminal record, including, without limitation, any 29
record of appearing or failing to appear after release on bail or 30
without bail; 31
[6.] 8. The identity of responsible members of the community 32
who would vouch for the reliability of the person; 33
[7.] 9. The nature of the offense with which the person is 34
charged, the apparent probability of conviction and the likely 35
sentence, insofar as these factors relate to the risk of not appearing; 36
[8.] 10. The nature and seriousness of the danger to the alleged 37
victim, any other person or the community that would be posed by 38
the person’s release; 39
[9.] 11. The likelihood of more criminal activity by the person 40
after release; and 41
[10.] 12. Any other factors concerning the person’s ties to the 42
community or bearing on the risk that the person may willfully fail 43
to appear. 44
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Sec. 5. Chapter 213 of NRS is hereby amended by adding 1
thereto a new section to read as follows: 2
1. The Division shall, by regulation, establish a pilot program 3
to identify and develop employment opportunities for and provide 4
training on employment readiness to parolees and probationers. 5
2. In establishing the pilot program, the Division shall 6
collaborate with nonprofit organizations in the community that 7
provide services to parolees and probationers. 8
Sec. 6. NRS 213.107 is hereby amended to read as follows: 9
213.107 As used in NRS 213.107 to 213.157, inclusive, and 10
section 5 of this act, unless the context otherwise requires: 11
1. “Board” means the State Board of Parole Commissioners. 12
2. “Chief” means the Chief Parole and Probation Officer. 13
3. “Division” means the Division of Parole and Probation of 14
the Department of Public Safety. 15
4. “Residential confinement” means the confinement of a 16
person convicted of a crime to his or her place of residence under 17
the terms and conditions established by the Board. 18
5. “Responsivity factors” means characteristics of a person that 19
affect his or her ability to respond favorably or unfavorably to any 20
treatment goals. 21
6. “Risk and needs assessment” means a validated, 22
standardized actuarial tool that identifies risk factors that increase 23
the likelihood of a person reoffending and factors that, when 24
properly addressed, can reduce the likelihood of a person 25
reoffending. 26
7. “Sex offender” means any person who has been or is 27
convicted of a sexual offense. 28
8. “Sexual offense” has the meaning ascribed to it in 29
NRS 179D.097. 30
9. “Standards” means the objective standards for granting or 31
revoking parole or probation which are adopted by the Board or the 32
Chief. 33
Sec. 7. 1. This section becomes effective upon passage and 34
approval. 35
2. Sections 1 to 6, inclusive, of this act become effective: 36
(a) Upon passage and approval for purposes of adopting any 37
regulations or performing any other preparatory administrative tasks 38
that are necessary to carry out the provisions of this act; and 39
(b) On October 1, 2025, for all other purposes. 40
H