Nevada Revised Statutes 697.325 – Bail enforcement agent required to notify local law enforcement agency when defendant apprehended; restrictions on entrance of structures and use of physical force; penalty
1. After apprehending a defendant in this state, a bail enforcement agent shall immediately or without undue delay notify in person or by telephone the local law enforcement agency of the jurisdiction in which the defendant was apprehended of:
Terms Used In Nevada Revised Statutes 697.325
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
(a) The identity of the defendant;
(b) The identity of the bail enforcement agent; and
(c) Where the bail enforcement agent is taking the defendant to surrender the defendant into custody.
2. A bail enforcement agent may not enter a structure in this State to apprehend a defendant unless the bail enforcement agent:
(a) Reasonably believes that the defendant is within the structure; and
(b) Has notified the local law enforcement agency of the jurisdiction in which the structure is located.
3. A bail enforcement agent may not forcibly enter any structure or other private property in this State to apprehend a defendant if:
(a) The bail enforcement agent has not obtained the permission of the owner of the structure or property; or
(b) Forcibly entering the structure or property creates a threat of harm to any person or property.
4. A bail enforcement agent may use physical force only when necessary to defend himself or herself in the process of locating, apprehending or surrendering a defendant. If it is necessary for a bail enforcement agent to use physical force under such circumstances, the bail enforcement agent may use only the amount of physical force that is reasonable under the circumstances.
5. As used in this section, ‘structure’ includes, without limitation, any building, house, room, apartment, tenement, tent, conveyance, vessel, boat, vehicle, house trailer, travel trailer, motor home or railroad car, whether used as a residence, business or for any other purpose.