NRS412.267. Arrest of member failing or refusing to report to place of duty; bail.  


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  •       1.  If any member of the Nevada National Guard fails or refuses to report to his or her appointed place of duty, his or her commanding officer may arrest the member or cause him or her to be arrested, and brought before the commanding officer at the unit or organization headquarters, whether such headquarters are located within or without the borders of the State.

          2.  After an arrest, the commanding officer may transport, or cause to be transported, the person arrested to his or her appointed place of duty.

          3.  If military personnel are not available for the purpose of making the arrest, or if the commanding officer deems it advisable, he or she may issue a warrant to any peace officer authorized to serve warrants of arrest in aid of any criminal action. Such peace officer shall serve the warrant in the same manner as other warrants of arrest, and make return thereof to the commanding officer issuing the warrant.

          4.  If the commanding officer issuing the warrant, or the commanding officer’s authorized representative, is not available to receive the person arrested, the arresting officer shall take him or her before the nearest available magistrate in the State.

          5.  The magistrate may admit the person arrested to bail conditioned upon his or her appearance before the magistrate at a specified time for surrender to the commanding officer issuing the warrant.

          6.  If the person arrested is unable to give bail, he or she may be held in the county jail for a period not to exceed 3 days, pending his or her surrender to the commanding officer or the commanding officer’s authorized representative.

      (Added to NRS by 1973, 410)