SB 401 — Requires the reporting of certain information relating to pretrial detention. (BDR 14-378)

(Reprinted with amendments adopted on April 16, 2021) FIRST REPRINT S.B.

requiring the Court Administrator to submit a quarterly report concerning pretrial detention to the Executive Director of the Department of Sentencing Policy and to the Legislature or the Advisory Commission on the Administration of Justice, as applicable, and to make the report available on the Internet;

district(NRS courts178.4851) toSection maintain1 certainof recordsthis concerningbill pretrialrequires detentionjustice ofrtscourts, municipal courts and defendants in criminal cases, including, where applicable:

(2) whether the defendant was admitted to bail, - *SB401_R1* – 2 – denied admission to bail or released without bail;

(3) the amount of bail set and the - *SB401* – 2 – conditions imposed for release without bail;

(6) the date on which the (7) whether the defendant was releasedgiven froma custodyhearing byto determine admission to bail ororl; release without bail;

Section 1 also requires justiceAdministrative courts,Office municipal courts and district courts to submit such records to the AdmSection 2 of this bill requires the CourtCourts Administratorat to:least quarterly.

(1) submit asuch quarterlyrecords report concerning pretrial detention of defendants in criminal cases to the LegislatureSection or2 theof Advisorythis Commissionbill onrequires the AdministrationCourt ofAdministrator Justice,to: as applicable, containing statistics compiled from information received pursuant to section 1;

and(1) (2)submit makea thequarterly report availableconcerning onpretrial detention of defendants in criminal cases to the InternetExecutive websiteDirector of the CourtDepartment Administrator.of Sentencing Policy and to the Legislature or the Advisory Commission on the Administration of Justice, as applicable, containing statistics compiled from information received pursuant to section 1;

and (2) make theSections 3 and 4 of this bill require county and city jails to notify the court having jurisdiction over a defendant in a criminal case if the defendant is in custody for more than 7 days after the amount of bail is set and the amount of bail is set at $2,500 or less.

- *SB401**SB401_R1* – 3 – (a) The action or proceeding against a defendant who has been admitted to bail is dismissed;

- *SB401**SB401_R1* – 4 – (h) Whether the defendant failed to appear, was arrested for a violation of a condition imposed for release without bail or was arrested for a new offense while released on bail, including the condition which the defendant violated or the new offense for which the defendant was arrested, as applicable;

[;] - *SB401**SB401_R1* – 5 – 10.

Quarterly, submit a report concerning pretrial detention to the Executive Director of the Department of Sentencing Policy and to the Director of the Legislative Counsel Bureau for transmittal to the Legislature, if the Legislature is in session, or to the Advisory Commission on the Administration of Justice, if the Legislature is not in session, and make the report available to the public on the Internet website maintained by the Court Administrator.

- *SB401**SB401_R1* – 6 – (e) The number of defendants who were given a hearing to determine whether the defendant would be admitted to bail, denied admission to bail or released without bail;

- *SB401**SB401_R1* – 7 – submit to the governing body of the city a biannual report thatll contains aggregated data similar to the information submitted pursuant to the Death in Custody Reporting Act of 2013, Public Law 113-242, concerning the deaths of prisoners in the city jail during the immediately preceding 6 months and the circumstances surrounding any such deaths.

H - *SB401**SB401_R1*