NRS
178.4853 Factors considered in reviewing custody status. In reviewing the custody status of a person,
the court at a minimum shall consider the following factors concerning the person:
1. The length of residence in the
community;
2. The status and history of employment;
3. Relationships with the person’s spouse
and children, parents or other family members and with close friends;
4. Reputation, character and mental
condition;
5. Prior criminal record, including,
without limitation, any record of appearing or failing to appear after release
on bail or without bail;
6. The identity of responsible members of
the community who would vouch for the reliability of the person;
7. The nature of the offense with which
the person is charged, the apparent probability of conviction and the likely
sentence, insofar as these factors relate to the risk of not appearing;
8. The nature and seriousness of the
danger to the alleged victim, any other person or the community that would be
posed by the person’s release;
9. The likelihood of more criminal
activity by the person after release; and
10. Any other factors concerning the
person’s ties to the community or bearing on the risk that the person may
willfully fail to appear.
(Added to NRS by 1981,
1584; A 1985,
809; 1997,
3360; 2021,
3581)
Notes of Decisions
United States v. Raymond Lee Scott, 450 F.3d 863 (9th Cir. 2006).
· cites it 2× “” Nev. Rev. Stat. § 178.4853 (9). By failing to recognize these interests, the majority grossly misrepresents the government’s interest in protecting the public through supervising individuals on pretrial release.”
Cameron v. Eighth Jud. Dist. Court of State, 445 P.3d 843 (Nev. 2019).
· cites it 2× “The factors listed in NRS 178.4853. NRS 178.4853 provides that a district court must consider the following factors when considering release without bail: 1.”
Mosley v. Nevada Comm'n on Jud. Discipline, 102 P.3d 555 (Nev. 2004).
· cites it 2× “For many years, magistrates and district judges in Clark County have released persons charged with nonviolent offenses based upon ex parte communications with attorneys and persons from the community at large, governed by the considerations set forth in NRS 178.4853. This…”
Bergna v. State, 102 P.3d 549 (Nev. 2004).
“Additionally, we note that NRS 178.4853 provides a list of similar factors that the court should consider, at a minimum, in deciding whether to release an applicant prior to trial without bail.”
Valdez-jimenez (jose) Vs. Dist. Ct. (state) c/w 76845, 2020 NV 20 (Nev. 2020).
· cites it 4× “The judge must consider the factors set forth in NRS 178.4853 and may impose bail only if the State proves by clear and convincing evidence that it is necessary to ensure the defendant's presence at future court proceedings or to protect the safety of the community, including…”
Melton (Maysen) Vs. Dist. Ct. (State) (Nev. 2021).
· cites it 4× “There 2A1though NRS 178.4853 was amended during the 2021 legislative session, we cite to the prior version that was in effect at the time of the relevant proceedings in the district court.”
Cameron, Jr. (timmie) Vs. Dist. Ct. (state), 2019 NV 28 (Nev. 2019).
· cites it 4× “The factors listed in NRS 178.4853. NRS 178.4853 provides that a district court must consider the following factors when considering release without bail: 1.”
Valdez-jimenez (jose) Vs. Dist. Ct. (state) c/w 76845, 2020 NV 20 (Nev. 2020).
· cites it 2× “The judge must consider the factors set forth in NRS 178.4853 and may impose bail only if the State proves by clear and convincing evidence that it is necessary to ensure the defendant's presence at future court proceedings or to protect the safety of the community, including…”
Camp (Kevin) v. Dist. Ct. (State) (Nev. 2016).
“498 (listing factors for consideration when setting bail); NRS 178.4853 (listing factors for consideration when setting bail).”
Smith (Mark) Vs. Dist. Ct. (State) (Nev. 2019).
“2In any subsequent motion filed in the district court, we are confident the district court will thoroughly evaluate the factors set forth in NRS 178.4853 (factors to be considered before release without bail) in determining changes to petitioner's detention status.”
— Nev. Rev. Stat. § 178.4853(7) — 1 case
Melton (Maysen) Vs. Dist. Ct. (State) (Nev. 2021).
“There 2A1though NRS 178.4853 was amended during the 2021 legislative session, we cite to the prior version that was in effect at the time of the relevant proceedings in the district court.”
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