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NRS 178.4853

Factors considered in reviewing custody status

Applied in 5 court decisions — leading case United States v. Scott (2005)

Most recently applied in VALDEZ-JIMENEZ (JOSE) VS. DIST. CT. (STATE) C/W 76845 (April 2020)

(Added to NRS by 1981, 1584; A 1985, 809; 1997, 3360; 2021, 3581)

How often courts cite this section

20042010202020
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

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.

Official source: Nevada Legislature. Reproduced from public-domain Nevada statutes; confirm against the official source for the current text. Not legal advice.