Bail Laws

Through the Nevada Revised Statutes (“NRS”), the Nevada Legislature has enacted statutes that say what may and what may not be done.  In addition, the agencies that are responsible for enforcing statutes may adopt regulations.  Regulations adopted by an agency are provided in the Nevada Administrative Code (“NAC”), usually under the same chapter number as the related statutes.  Regulations provide requirements and explanations related to the statutes.  Both statutes and regulations are Nevada law. 

The laws that authorize the commercial business of bail in Nevada are set out in NRS chapter 697 and NAC chapter 697.  The Division of Insurance is required to enforce the provisions of both the NRS chapter 697 and NAC chapter 697.   These bail statutes and regulations establish the requirements to qualify for a license, the scope of each type of license, duties under each license type, acts that are permitted and prohibited, what other statutes outside of NRS chapter 697 apply to bail licensees, and penalties for violating Nevada laws. 

Nevada courts usually manage the bail process, such as the amount of bail, the terms or conditions under which a person is released, forfeitures, and exonerations, as set out in NRS chapter 178. 

Certain court opinions, also called “case law,” may be considered binding law.  However, the impact of case law varies depending on the court’s holding and whether a case has been superseded by statute.  An attorney can advise on the impact of case law. 

Essentially, the Division oversees bail licensing in Nevada.  To ensure that every person with a bail license complies with all Nevada bail laws, the Division has the authority to review what is occurring in the business of bail, which includes who is acting in the business of bail, the underwriting process, forms, fees, collateral, surrenders, and behavior in court, among other things.  Below are links to Nevada’s bail laws: