Transportation of Offender to Appear Before Court

Nev. Rev. Stat. § 209.274. Transportation of Offender to Appear Before Court

Nevada Revised Statute § 209.274 governs the process for the transportation of incarcerated offenders who are scheduled to appear before the court.  The provision provides that the Department will transport the offender to and from the court on the day of the scheduled court appearance in a customary manner if notice is given.  If the standard notice is not given, the Department is responsible for transporting the offender on the day of the scheduled appearance if possible; if it is not possible, the Department is responsible for making sure the offender is available by other means, such as telephone or video, or to provide special means of transportation at the expense of the county where the court sits, if so requested by the court.

The specific statutory language is as follows:

1. Except as otherwise provided in this section, when an offender is required or requested to appear before a court in this state, the Department shall transport the offender to and from the court on the day scheduled for his or her appearance.
2. If notice is not provided within the time set forth in NRS 50.215, the Department shall transport the offender to court on the date scheduled for his or her appearance if it is possible to transport the offender in the usual manner for the transportation of offenders by the Department. If it is not possible for the Department to transport the offender in the usual manner:

(a) The Department shall make the offender available on the date scheduled for his or her appearance to provide testimony by telephone or by video if so requested by the court;

(b) The Department shall provide for special transportation of the offender to and from the court if the court so orders.  If the court orders special transportation, it shall order the county in which the court is located to reimburse the Department for any cost incurred for the special transportation.

(c) The court may order the county sheriff to transport the offender to and from the court at the expense of the county.

Notification Required

The process of transporting an offender to and from the court in Nevada is dependent on whether the required notice is given to the Department of Corrections.  Nev. Rev. Stat. § 50.215 requires notice to the Department of Corrections by motion, and not less than 7-14 business days prior to the scheduled appearance, depending on where the offender is incarcerated.

The specific statutory language of Nev. Rev. Stat. § 50.215 provides:

1. A person imprisoned in the state prison or in a county jail may be examined as a witness in the district court pursuant to this section. The examination may only be made on motion of a party upon affidavit showing the nature of the action or proceeding, the testimony expected from the witness, and its materiality.
2. In a civil action, if the witness is imprisoned in the county where the action or proceeding is pending, the production of the witness may be required by the court or judge. In all other cases, the examination of the witness, when allowed, must be taken by deposition.
3. In a criminal action, an order for that purpose may be made by the district court or district judge, at chambers, and executed by the sheriff of the county where the action is pending. Except as otherwise provided by NRS 209.274, the judge may order the sheriff to bring the prisoner before the court at the expense of State or at the expense of the defendant.
4. If a person imprisoned in the state prison is required or requested to appear as a witness in any action, the Department of Corrections must be notified in writing:

(a) Not less than 7 business days before the date scheduled for the person’s appearance in court if the offender is incarcerated;

(1) In a prison located not more than 65 miles from Carson City;

(2) In a prison located not more than 40 miles from Las Vegas; or

(3) In a prison located not more than 95 miles from Ely.

(b) Not less than 14 business days before the date scheduled for his or her appearance in court if the offender is incarcerated in a prison which is located at a distance which exceeds those specified in paragraph (a).