x June 23, 2020 1 2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 * * * 5 IN THE MATTER OF: EIGHTH AMENDED 6 SPECIAL ORDER NO. 60 AUTHORIZING NATIONAL PARK 7 SERVICE; VETERANS 8 ADMINISTRATION; BUREAU OF LAND MANAGEMENT; UNITED STATES 9 FOREST SERVICE; NELLIS AIR FORCE BASE; UNITED STATES FISH AND 10 WILDLIFE SERVICE; BUREAU OF RECLAMATION; FEDERAL PROTECTIVE 11 SERVICE; BUREAU OF INDIAN AFFAIRS; 12 UNITED STATES POSTAL SERVICE; AND GENERAL SERVICES 13 ADMINISTRATION PERSONNEL TO ALLOW FOR THE FORFEITURE OF 14 COLLATERAL IN LIEU OF PERSONAL APPEARANCE FOR CERTAIN 15 QUALIFYING MISDEMEANOR 16 OFFENSES AND TO SET BAIL ALLOWING FOR THE CONDITIONAL 17 RELEASE OF INDIVIDUALS CHARGED WITH MISDEMEANOR OFFENSES ON 18 ALL REAL PROPERTY UNDER THE CHARGE AND CONTROL OF THE 19 ABOVE-REFERENCED AGENCIES IN 20 THE STATE OF NEVADA 21 (SUPERSEDES AMENDED SPECIAL ORDER NO. 60) 22 23 24 I. CHARGING AND RELEASING MISDEMEANOR DEFENDANTS GENERALLY 25 Authorized law enforcement personnel from the above-captioned agencies may 26 issue citations or violation notices to any person whom they have probable cause to 27 believe is guilty of a criminal misdemeanor offense consistent with Federal Rule of 28 1 Criminal Procedure 58(b)(1), applicable law, and within the limits prescribed for their 2 agencies. As discussed in this Special Order, below, a person charged on citation or 3 violation notice may be released on a personal recognizance bond and either: (1) required 4 to pay a fixed sum to the Central Violations Bureau (“CVB”) in lieu of appearing in court; 5 or (2) required to appear in court on a fixed date and time (“mandatory appearance”). 6 Alternatively, within the sound judgment and discretion of the law enforcement officer, a 7 person charged within the jurisdictions of the above-captioned agencies with 8 misdemeanor offenses may be arrested and either: (1) brought without unnecessary 9 delay before a magistrate judge within the District of Nevada pursuant to Federal Rule of 10 Criminal Procedure 5(a) for his/her initial appearance; or (2) allowed to post bail securing 11 his/her release and given a mandatory appearance citation/violation notice requiring 12 him/her to appear in court at a future fixed date and time. 13 II. FORFEITURE OF COLLATERAL IN LIEU OF APPEARANCE 14 (A) Forfeiture of Collateral - Generally 15 Pursuant to Federal Rule of Criminal Procedure 58(d)(1), a person charged with 16 certain misdemeanors may, in lieu of appearance in court, post collateral in the amount 17 indicated on the charging document for the offense, waive appearance before a 18 magistrate judge, and consent to forfeiture of collateral, unless the charging document 19 makes the person’s appearance in court mandatory. 20 Collateral shall be posted by making payment to the CVB either by mail or online. 21 The CVB’s payment mailing address is P.O. Box 71363, Philadelphia, PA, 19176-1363. 22 The CVB’s online payment address is www.cvb.uscourts.gov. 23 Forfeiture of collateral constitutes a waiver of the right to contest the violation 24 notice, of the right to trial, and shall not be deemed the equivalent of a conviction. Where 25 the offense charged qualifies as a Class A misdemeanor, forfeiture of collateral further 26 constitutes waiver of the right to be charged by Information and consent to be charged by 27 citation or violation notice. 28 /// 2 1 (B) Forfeiture of Collateral Schedule 2 The offenses for which collateral may be posted and forfeited in lieu of appearance 3 by the person charged, together with the amount of collateral to be posted, are provided 4 for in Exhibit A attached hereto. The collateral amount will also be indicated on the 5 charging document in addition to any processing fee that may be assessed by CVB. 6 (C) Maximum Penalties in Lieu of Forfeiture of Collateral 7 If a person charged with an offense under subsection (A), above, fails to post and 8 forfeit collateral in the amount indicated on the charging document, then a Notice to 9 Appear shall be sent to the person advising of the location, date, and time of the court 10 hearing regarding the matter. Upon conviction by plea or after trial, a sentence including 11 a fine, CVB processing fee, special assessment pursuant to 18 U.S.C. § 3013, restitution 12 pursuant to 18 U.S.C. § 3556, imprisonment, and/or probation, may be imposed within 13 the limits established by law. 14 (D) Failure to Forfeit Collateral and Failure to Appear (“FTA”) Thereafter 15 If a person charged with an offense under subsection (A), above, fails to post and 16 forfeit collateral, and then fails to appear for a duly scheduled hearing on the offense 17 charged, and a showing is made consistent with the provisions of Federal Rule of Criminal 18 Procedure 58(d)(3), then the magistrate judge may issue a warrant of arrest for that 19 person. 20 Upon receipt of the warrant, the United States Marshals Service for this District 21 may, in lieu of execution thereof, give written notice before arrest to the person with a 22 copy sent to the citing agency that a warrant has issued for his or her arrest providing 23 options to avoid arrest. If the person fails to respond per the notice before arrest, the 24 United States Marshals Service, or other authorized officer, may execute the warrant of 25 arrest consistent with applicable law. 26 / / / 27 / / / 28 / / / 3 1 III. MANDATORY APPEARANCE IN COURT 2 (A) Mandatory Appearance - Generally 3 Within the sound judgment and at the discretion of the citing officer, a person 4 charged with an offense may be issued a mandatory appearance citation or violation 5 notice requiring the person to appear in court to address the violation. The location, date, 6 and time of the hearing will subsequently be provided to the person charged via a Notice 7 to Appear or a Summons. When issued a mandatory appearance citation or violation 8 notice, the charged person may not post and forfeit collateral in lieu of personally 9 appearing in court at the specified date and time. 10 (B) Offenses For Which Mandatory Appearance May Be Required 11 Those offenses for which mandatory appearance in court are required are stated 12 as such in Exhibit A, attached hereto. Additionally, with just cause under the 13 circumstances, the citing officer may determine that the violation requires mandatory 14 appearance and reflect such requirement on the charging document. In addition to the 15 offenses noted in Exhibit A requiring mandatory appearance, circumstances that may 16 warrant mandatory appearance in other instances include, but are not limited to, the 17 following: (1) offenses involving loss or damage to the property of the United States or 18 others; (2) offenses involving a threat to the safety and/or welfare of any person; and (3) 19 offenses that the person charged has a prior history of committing. 20 (C) Failure to Appear in Court for Mandatory Appearance 21 If the person charged fails to appear after a Notice to Appear or Summons has 22 issued advising the person of the location, date, and time of the hearing, the magistrate 23 judge may: (1) issue a summons and provide a subsequent time and date for the hearing; 24 (2) issue a bench warrant authorizing arrest; or (3) take other action as appropriate. 25 Upon receipt of the warrant, the United States Marshals Service for this District 26 may, in lieu of execution thereof, give written notice to the person that a warrant has 27 issued for his/her arrest, and also that the warrant of arrest will not be executed if, within 28 ten days of the notice the person voluntarily presents himself or herself before the 4 1 magistrate judge during usual business hours for the purpose of appearing at a hearing 2 on the charged offense. If the person fails to contact the United States Marshals Service 3 and fails to appear within the specified time period, the United States Marshals Service, 4 or other authorized officer, may execute the warrant of arrest consistent with applicable 5 law. 6 IV. APPEARANCE UPON ARREST 7 (A) Appearance After Arrest - Generally 8 Nothing contained in this Special Order prohibits authorized law enforcement 9 officers of the above-captioned agencies from arresting a person for the commission of 10 any offense, including those for which collateral may be posted and forfeited. Such 11 arrested person must be taken without unnecessary delay before a magistrate judge in 12 accordance with Federal Rule of Criminal Procedure 5(a) or required to make a 13 mandatory appearance in court at a future date upon posting a custody release bond in 14 a fixed amount. 15 (B) Amount of Bond to be Posted to Secure Release After Arrest 16 Persons deemed to have violated the law and taken into custody may be released 17 upon payment of a cash bond pursuant to procedures stated herein. The amount of bond 18 to be posted is set forth in Exhibit A, attached hereto, unless otherwise stated. Within the 19 discretion of the citing officer, based upon justifiable circumstances, cash bond may be 20 set up to the amount of ONE THOUSAND DOLLARS ($1000.00) for any of the offenses 21 listed in Exhibit A or for any other misdemeanor offense charged. 22 (C) Procedure for Collecting Bond and Documenting Release Conditions 23 (1) Appearance forms. Posting of bail to secure release shall be 24 evidenced by execution of the approved form of ORDER FOR APPEARANCE and 25 APPEARANCE BOND, with attachment thereto of the written condition that the person 26 cited and released is required to appear before a magistrate judge at a fixed date and 27 time.