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MAY 28, 2021
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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IN RE: COVID-19 TESTING OF FEDERAL AMENDED TEMPORARY GENERAL
6 PRETRIAL DETAINEES SCHEDULED FOR ORDER 2020-09
7 IN-PERSON HEARINGS
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9 On June 23, 2020, the Court issued Temporary General Order 2020-09 (“GO
10 2020-09”) to direct the United States Marshals Services for the District of Nevada to
11 ensure testing and quarantine measures are adopted to protect pretrial detainees, court
12 staff, and the public from the spread of the coronavirus disease 2019 (“COVID-19”) as
13 the Court gradually resumes in-person hearings involving in-custody defendants. The
14 Court now amends GO 2020-09 to modify these measures considering the availability
15 of COVID-19 vaccines for pretrial detainees. Most federal criminal defendants detained
16 pretrial are held at the Nevada Southern Detention Center (“NSDC”) and the Washoe
17 County Detention Facility (“WCDF”). The continued resumption of in-person hearings
18 with in-custody defendants will require increased close contact with the United States
19 Marshals Service, Pretrial Services, Probation, attorneys, and court personnel. To
20 protect the health and safety of all and ensure the efficient administration of justice, as
21 Chief Judge I hereby order that the United States Marshals Service for the District of
22 Nevada ensures the following.
23 1. All federal detainees housed at NSDC, WCDF, and any other facilities,
24 scheduled to appear for in-person court hearings are tested for COVID-19 before the
25 hearing. Where practicable and depending on space availability, NSDC and WCDF must
26 hold the detainee in quarantine following the test’s administration and prior to the
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1 hearing to protect against further exposure before transport to Court. Likewise, where
2 practicable and depending on space availability, the facilities must hold the detainee in
3 quarantine for 14 days, or an appropriate amount of time based on CDC guidance,
4 whichever period is shorter, following an in-person Court appearance to minimize the
5 risk of introducing new infection into NSDC or WCDF. However, federal detainees who
6 have been fully vaccinated may bypass the quarantine requirement.
7 3. As test results will not be available prior to initial court appearances, the
8 use of video conferencing, or telephone conferencing if video conferencing is not readily
9 available, remains appropriate for initial appearances, arraignments, detention hearings,
10 and preliminary hearings upon the consent of the defendant.1
11 4. Defense counsel must notify the United States Marshals Service of any in-
12 person hearing for an in-custody defendant 7 days prior to the hearing to ensure NSDC
13 and WCDF have sufficient time to administer the test, and to avoid any unnecessary
14 testing for canceled or moved hearings.
15 This Order is effective until further notice.
16 DATED THIS 28th Day of May 2021.
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19 MIRANDA M. DU, CHIEF JUDGE
20 UNITED STATES DISTRICT COURT FOR
THE DISTRICT OF NEVADA
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25 1Section 15002(b) of the CARES Act lists the events for which video or telephonic
conferencing is appropriate, and the Court has previously authorized their use. See
26 Temporary General Order 2020-05.
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