The court may exonerate the surety or set aside a forfeiture of the surety bond upon such terms as may be just if:
1. The probationer appears before the court and the court, upon hearing the matter, determines that the violation or failure of the probationer to fulfill the condition of probation was:
(a) Caused by circumstances beyond the probationer’s control and occurred notwithstanding the exercise of ordinary care and in the absence of willful neglect; and
(b) Not in any way caused or aided by the surety; or
2. The surety submits an application for exoneration or an application to set the forfeiture aside on the ground that the probationer is unable to appear because the probationer:
(a) Is dead;
(b) Is ill;
(c) Is insane; or
(d) Is being detained by civil or military authorities,
and the court, upon hearing the matter, determines that the requirements of paragraphs (a) and (b) of subsection 1 have been met and that the surety did not in any way cause or aid the absence of the probationer from the hearing.
(Added to NRS by 1995, 1247)
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