As used in NRS 178.3981 to 178.4715, inclusive, unless the context otherwise requires, the words and terms defined in NRS 178.3982 to 178.399, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 2007, 1424, 1777; A 2009, 72, 115)
“Administrator” means the Administrator of the Division. (Added to NRS by 2007, 1424)
“Division” means the Division of Public and Behavioral Health of the Department of Health and Human Services. (Added to NRS by 2007, 1424, 1777; A 2013, 2995)
“Division facility” means a division facility as defined in NRS 433.094 and 435.007. (Added to NRS by 2007, 1424; A 2013, 2995)
“Forensic facility” has the meaning ascribed to it in NRS 175.539. (Added to NRS by 2009, 114)
“Mental disorder” means a mental illness that results from a psychiatric or neurological disorder that so substantially impairs the mental or emotional functioning of the person as to make care or treatment necessary or advisable for the welfare of the person or for the safety of the person or property of another and includes, without […]
“Person with mental illness” means a person who has a mental disorder. (Added to NRS by 2007, 1424)
“Treatment to competency” means treatment provided to a defendant to attempt to cause the defendant to attain competency to stand trial or receive pronouncement of judgment. (Added to NRS by 2003, 1947; A 2007, 1427, 1778)
1. A person may not be tried or adjudged to punishment for a public offense while incompetent. 2. For the purposes of this section, “incompetent” means that the person does not have the present ability to: (a) Understand the nature of the criminal charges against the person; (b) Understand the nature and purpose of the […]
1. Any time after the arrest of a defendant, including, without limitation, proceedings before trial, during trial, when upon conviction the defendant is brought up for judgment or when a defendant who has been placed on probation or whose sentence has been suspended is brought before the court, if doubt arises as to the competence […]
1. Except as otherwise provided in this subsection, the court shall appoint two psychiatrists, two psychologists, or one psychiatrist and one psychologist to examine the defendant. If the defendant is accused of a misdemeanor, the court of jurisdiction shall appoint a psychiatric social worker, advanced practice registered nurse who has the psychiatric training and experience […]
1. A person may not provide a report or an evaluation concerning the competency of a defendant to stand trial or receive pronouncement of judgment pursuant to this section and NRS 178.400 to 178.460, inclusive, unless the person is certified by the Division for that purpose. 2. The Division shall adopt regulations to establish: (a) […]
If the court finds that the defendant is competent, the trial must proceed, or judgment may be pronounced, as the case may be. [1911 Cr. Prac. § 539; A 1919, 416; 1919 RL § 7389; NCL § 11187]—(NRS A 1967, 1450; 1981, 1656; 1991, 1003)
1. If the court finds the defendant incompetent, and dangerous to himself or herself or to society and that commitment is required for a determination of the defendant’s ability to receive treatment to competency and to attain competence, the judge shall order the sheriff to convey the defendant forthwith, together with a copy of the […]
The commitment of the defendant, as mentioned in NRS 178.425, shall exonerate any bail the defendant may have given, or shall entitle any person authorized to receive the property of the defendant to a return of any money the defendant may have deposited instead of bail. [1911 Cr. Prac. § 541; RL § 7391; NCL […]
The expenses of the examination and of the transportation of the defendant to and from the custody of the Administrator or the Administrator’s designee are in the first instance chargeable to the county or city from which the defendant has been sent. But the county or city may recover the money from the estate of […]
The clerk of the court before which an examination has been conducted shall certify the costs to the board of county commissioners or governing body of the city, as appropriate. [1911 Cr. Prac. § 544; RL § 7394; NCL § 11192]—(NRS A 1969, 10; 1991, 1004)
1. The Administrator or the Administrator’s designee shall keep each defendant committed to custody under NRS 178.425 or 178.460 under observation and shall have each defendant who has been ordered to report to the Administrator as an outpatient under those sections evaluated periodically. 2. The Administrator or the Administrator’s designee shall report in writing to […]
1. The Administrator or the Administrator’s designee may request from the Department of Corrections access to any records in its possession which contain information that may assist in evaluating and treating a defendant who previously has served a term of imprisonment under the supervision of the Department of Corrections and who is committed to the […]
1. Except as otherwise provided for persons charged with or convicted of a misdemeanor, the Administrator or the Administrator’s designee shall appoint a licensed psychiatrist and a licensed psychologist from the treatment team who is certified pursuant to NRS 178.417 to evaluate the defendant. The Administrator or the Administrator’s designee shall also appoint a third […]
