NRS 178.450
Duties of Administrator or Administrator’s designee following finding of incompetence

  • observation and evaluation of defendant
  • report to court.

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 a judge of the court which committed the person and the prosecuting attorney of the county or city to which the person may be returned for further court action whether, in his or her opinion, upon medical consultation, the defendant is of sufficient mentality to be able to understand the nature of the criminal charge against the defendant and, by reason thereof, is able to aid and assist counsel in the defense interposed upon the trial or against the pronouncement of the judgment thereafter. The Administrator or the Administrator’s designee shall submit such a report, in the case of a person charged or convicted of a misdemeanor, within 3 months after the order for commitment or treatment and evaluation as an outpatient or for recommitment pursuant to paragraph (b) of subsection 4 of NRS 178.460, and at monthly intervals thereafter. In all other cases, the initial report must be submitted within 6 months after the order and at 6-month intervals thereafter. If the opinion of the Administrator or the Administrator’s designee is that the defendant is not of sufficient mentality to understand the nature of the charge against the defendant and assist in the defendant’s own defense, the Administrator or the Administrator’s designee shall also include in the report his or her opinion whether:

(a)

There is a substantial probability that the defendant can receive treatment to competency and will attain competency to stand trial or receive pronouncement of judgment in the foreseeable future; and

(b)

The defendant is at that time a danger to himself or herself or to society.

3.

The report must contain:

(a)

The name of the defendant and the county or city to which the defendant may be returned for further court action.

(b)

The circumstances under which the defendant was committed to the custody of the Administrator or the Administrator’s designee and the duration of the defendant’s hospitalization, or the circumstances under which the defendant was ordered to report to the Administrator or the Administrator’s designee as an outpatient.

Source: Section 178.450 — Duties of Administrator or Administrator’s designee following finding of incompetence; observation and evaluation of defendant; report to court., https://www.­leg.­state.­nv.­us/NRS/NRS-178.­html#NRS178Sec450.

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

§ 178.450’s source at nv​.us