Title 13 — Criminal Code

If the magistrate orders the defendant committed upon the preliminary examination, he shall prepare a commitment signed by him with his name of office, and deliver it with the defendant to the officer to whom he is committed, or, if that officer is not present, to a peace officer…

When a regularly appointed court reporter appears and takes testimony at a preliminary hearing in a criminal proceeding, the reporter's compensation shall be fixed by the magistrate before whom the examination is had. Such compensation shall not exceed the amount of fifteen dolla…

A. A person who is in custody shall not be admitted to bail if the proof is evident or the presumption great that the person is guilty of the offense charged and the offense charged is one of the following: 1. A capital offense. 2. Sexual assault. 3. Sexual conduct with a minor u…

A person shall not be continued at large on bail or be admitted to bail after conviction of a felony offense for which the person has received a sentence of imprisonment except when the superior court or a judge thereof is satisfied upon investigation that the person in custody i…

A person in custody for the commission of a non-bailable offense described in section 13-3961, where the proof is not evident or the presumption not great that he is guilty of the offense, shall before conviction be admitted to bail by a court having jurisdiction of the offense.

A. When an arrest by virtue of a warrant occurs in a county other than that in which the alleged offense was committed, the person arrested shall without unnecessary delay be taken either before the nearest or most accessible magistrate in the county in which the arrest occurs or…

A. If the person arrested is bailable as of right in respect of the offense set forth in the warrant and the warrant includes a bond amount, the officer making the arrest, on being so requested by the person arrested, shall take the person arrested either: 1. Before a magistrate …

If the person arrested is not bailable as of right in respect of the offense set forth in the warrant, or if, on the admission to bail of the person arrested as provided in section 13-3963, bail is not forthwith given, the officer who made the arrest shall take the person arreste…

Minors shall be capable of binding themselves by an undertaking for the purpose of securing their release on bail in like manner and with like effect as persons sui juris.

A. At his appearance before a judicial officer, any person who is charged with a public offense that is bailable as a matter of right shall be ordered released pending trial on his own recognizance or on the execution of bail in an amount specified by the judicial officer. B. In …

A. Upon a verified application by the prosecuting attorney alleging that a defendant charged with a felony has wilfully violated the conditions of his release, a judicial officer may issue a warrant directing that the defendant be arrested and taken forthwith before a superior co…

A. The sheriff or keeper of a county or city jail shall provide to a person charged with a bailable offense in his custody a list containing the names and telephone numbers of those persons authorized to post bail bonds in the county. Persons authorized to post bail bonds in the …

When defendant has been held to answer upon examination for a crime or public offense, admission to bail may be by the magistrate by whom he is held, or by any magistrate who has the power to issue a writ of habeas corpus.

A person charged with a crime or public offense shall not, before conviction, be subject to more restraint than is necessary for his detention to answer the charge.

[Repealed or reserved.]

A. A surety shall be relieved from liability on the appearance bond on which the defendant is released if one of the following applies: 1. The surety surrenders the defendant on that appearance bond into the custody of the sheriff of the county in which the prosecution is pending…

A. When a defendant is accused of a misdemeanor or petty offense for which the person injured by the act constituting the offense has a remedy by a civil action, the offense may be compromised as provided in this section, except: 1. When the offense is committed by or upon any of…

A trial by jury may be waived in criminal actions by the consent of both parties expressed in open court and entered on its minutes.

A. If upon the trial of any action it appears to the court by the testimony that the facts proved constitute an offense of a higher nature than that charged, the court may direct that the jury be discharged and all proceedings on the indictment or information suspended, and may o…

If a defendant in a criminal action is acquitted on the merits, he is acquitted of the same offense notwithstanding any defect in form or substance in the indictment or information on which the trial was had.

It is not necessary to give a title to an affidavit or deposition in a criminal action, whether taken before or after indictment or information, or upon appeal. If the affidavit or deposition is made without a title, or with an erroneous title, it shall be as valid and effectual …

Neither a departure from the form or mode prescribed in respect to any pleadings or proceedings, nor an error or mistake therein, shall render the pleading or proceeding invalid, unless it actually has prejudiced, or tended to prejudice, the defendant in respect to a substantial …

A. In any criminal prosecution brought by the state, a confession shall be admissible in evidence if it is voluntarily given. Before such confession is received in evidence, the trial judge shall, out of the presence of the jury, determine any issue as to voluntariness. If the tr…

The testimony of a witness that he saw the accused commit or participate in the commission of the crime for which the accused is being tried shall be admissible in evidence in a criminal prosecution in any trial court of this state.

A. The records and recordings of 911 emergency service telephone calls are admissible in evidence in any action without testimony from a custodian of records if the records and recordings are accompanied by the following signed form: The accompanying records and recordings and ex…

A. The records and recordings of public safety radio traffic calls are admissible in evidence in any action without testimony from a custodian of records if the records and recordings are accompanied by the following signed form: The accompanying records and recordings and explan…

A. On the conviction of a person of an offense in this title or of any felony, if the person is certified to teach by the state board of education or is teaching in a community college district or charter school, the court or, if directed by the court, the clerk of the court shal…

In this article, unless the context otherwise requires: 1. "Conditional release" means release from a secure mental health facility under the specified written conditions. 2. "Dangerous" means a danger of inflicting serious physical harm on oneself or others, including attempted …

A. A person who is found guilty except insane pursuant to section 13-502 shall be committed to a secure mental health facility for a period of treatment. B. If the person's act did not cause the death or serious physical injury of or the threat of death or serious physical injury…

A. On request of the court or any party, with the consent of the defendant and after a determination that a reasonable basis exists to support the guilty except insane defense, the court shall appoint a qualified expert to evaluate the defendant and provide a written report that …

A. A person who is placed under the jurisdiction of the superior court pursuant to this section is not eligible for discharge from the jurisdiction until the date set by the court. B. A secure mental health facility may request a hearing pursuant to section 13-3995. An outpatient…

A. On the request of the secure mental health facility, the court shall grant a hearing to monitor a person's progress on conditional release. The secure mental health facility shall include in the request the specific reasons for requesting the hearing and any records, under sea…

A. On the request of a treatment supervisor, the court shall grant a hearing to review the status of the person under supervision. The treatment supervision shall include in the request the specific reasons for requesting the hearing and include any records, under seal, of commun…

A. A person who is under the jurisdiction of the court may request and the court shall grant a hearing not sooner than one hundred twenty days after the person is committed to a secure mental health facility. After the initial hearing or any subsequent hearing, a person may reque…

A. A written order of the court or the chief medical officer or the chief medical officer's designee is sufficient for a law enforcement officer to take a person into custody and to transport the person to a secure mental health facility. A copy of the return order must be immedi…

A. At least thirty days before the expiration of jurisdiction over a person pursuant to section 13-502, the court shall set an expiration hearing and order the treatment supervisor to provide to the court and the parties a mental health report. The mental health report must inclu…

A. Before any hearing, either party may retain an independent qualified expert to evaluate the person and make recommendations to the court. B. The county of the committing court shall pay all costs associated with the evaluation if the person is indigent. C. If the person retain…

A. If the board orders a person to be transferred to the superior court pursuant to section 13-3994, the person's case shall be transferred to the committing court for suspension or imposition of sentence and a judicial review of the transfer, or both. B. Within twenty days after…

B. A person who violates this section is guilty of a class 2 felony. C. For the purposes of this section: 1. "Foreign government agent" means an agent who is directed or controlled by a foreign government or the proxies of that foreign government. 2. "Foreign terrorist organizati…

When a criminal action is removed to another county before trial, the costs of removal and trial shall be a charge against the county in which the indictment or information is filed. The judge of the court in the county to which the action is removed shall certify the amount of t…

The expenses of transmitting to the county attorney of another county a certified copy of the indictment or information and all papers filed in an action, pursuant to suspension of proceedings in a criminal action, upon discovery during the trial that the court in which the trial…

A. If counsel is appointed by the court and represents the defendant in either a criminal proceeding or insanity hearing, counsel shall be paid by the county in which the court presides, except that in those matters in which a public defender is appointed, no compensation shall b…

A. When expert witnesses are appointed by the court in the conduct of a sanity hearing before or during the trial of a criminal action, or prior to pronouncing sentence upon a person convicted of crime, they shall be allowed such fees as the court in its discretion deems reasonab…

A. A person who is sentenced to death shall not be executed as long as he is mentally incompetent to be executed. B. As used in this article, "mentally incompetent to be executed" means that due to a mental disease or defect a person who is sentenced to death is presently unaware…

A. If after a sentence of death is imposed the director of the state department of corrections, the prisoner's attorney or an attorney for the state has good reason to believe that the prisoner may be mentally incompetent to be executed, the director, the prisoner's attorney or a…

A. Within sixty days after a prisoner is committed for restoration to competency treatment, the chief medical officer of the state hospital shall file with the superior court a report setting forth the treatment being provided, the status of the prisoner and the prognosis as to w…

A. A motion for an examination under section 13-4022 that is filed fewer than twenty days before a scheduled execution is untimely and shall not be considered by the court unless it is accompanied by both of the following: 1. At least one affidavit from a licensed physician or li…

If, after delivery to the superintendent of the state prison of a female prisoner under a sentence of death, there is reason at any time prior to execution of such sentence to believe that she is pregnant, the superintendent shall give notice of such fact to the county attorney o…

A. If it is determined that the female prisoner is not pregnant, the superintendent shall execute the sentence. B. If it is determined that she is pregnant, the superintendent shall suspend the execution of the sentence and transmit a certified copy of the finding to the governor…

The state, or any party to a prosecution by indictment, information or complaint, may appeal as prescribed by law and in the manner provided by the rules of criminal procedure, except criminal actions involving crimes for which a sentence of death has actually been imposed may on…