NRS 178.400
Incompetent person cannot be tried or adjudged to punishment for public offense.

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 court proceedings; or

(c)

Aid and assist the person’s counsel in the defense at any time during the proceedings with a reasonable degree of rational understanding.

Source: Section 178.400 — Incompetent person cannot be tried or adjudged to punishment for public offense., https://www.­leg.­state.­nv.­us/NRS/NRS-178.­html#NRS178Sec400.

178.399
“Treatment to competency” defined. 178.400
Incompetent person cannot be tried or adjudged to punishment for public offense. 178.405
Suspension of trial or pronouncement of judgment when doubt arises as to competence of defendant 178.415
Appointment of person or persons to examine defendant 178.417
Certification of person who evaluates competency of defendant required. 178.420
Procedure on finding defendant competent. 178.425
Procedure on finding defendant incompetent. 178.430
Commitment of defendant exonerates bail. 178.435
Expenses of examination and transportation are charge against county or city 178.440
Clerk to certify costs to county or city. 178.450
Duties of Administrator or Administrator’s designee following finding of incompetence 178.453
Access by Administrator to certain records of defendant within possession of Department of Corrections authorized for purpose of evaluating and treating defendant. 178.455
Procedure for evaluating certain defendants following finding of incompetence 178.460
Powers and duties of court following finding of incompetence 178.461
Motion for hearing to determine whether to commit incompetent defendant to custody of Administrator 178.463
Conditional release of incompetent defendant committed to custody of Administrator: When eligible 178.464
Procedure when defendant violates conditions of release 178.467
Person committed to custody of Administrator: Eligibility for discharge or conditional release 178.468
Hearing to determine eligibility of person committed to custody of Administrator for discharge or conditional release 178.469
Petition for discharge or conditional release by person committed to custody of Administrator. 178.471
Effect of conditional release of person committed to custody of Administrator 178.3981
Definitions. 178.3982
“Administrator” defined. 178.3983
“Division” defined. 178.3984
“Division facility” defined. 178.3985
“Mental disorder” defined. 178.3986
“Person with mental illness” defined. 178.4715
Notification of victims upon discharge, conditional release or escape. 178.39845
“Forensic facility” defined.
Last Updated

Jun. 24, 2021

§ 178.400’s source at nv​.us