NRS 178.461
Motion for hearing to determine whether to commit incompetent defendant to custody of Administrator

  • risk assessment
  • dismissal of motion in certain circumstances
  • length of commitment
  • review of eligibility for conditional release
  • procedure for requesting extension of commitment.

1.

If the proceedings against a defendant who is charged with any category A felony or a category B felony listed in subsection 6 are dismissed pursuant to subsection 5 of NRS 178.425, the prosecuting attorney may, within 10 judicial days after the dismissal, file a motion with the court for a hearing to determine whether to commit the person to the custody of the Administrator pursuant to subsection 3. Except as otherwise provided in subsection 2, the court shall hold the hearing within 10 judicial days after the motion is filed with the court.

2.

If the prosecuting attorney files a motion pursuant to subsection 1, the prosecuting attorney shall, not later than the date on which the prosecuting attorney files the motion, request from the Division a comprehensive risk assessment which indicates whether the person requires the level of security provided by a forensic facility. The Division shall provide the requested comprehensive risk assessment to the court, the prosecuting attorney and counsel for the person not later than three judicial days before the hearing. If the person was charged with any category A felony other than murder or sexual assault or a category B felony listed in subsection 6 and the comprehensive risk assessment indicates that the person does not require the level of security provided by a forensic facility, the court shall dismiss the motion.

3.

At a hearing held pursuant to subsection 1, if the court finds by clear and convincing evidence that the person has a mental disorder, that the person is a danger to himself or herself or others and that the person’s dangerousness is such that the person requires placement at a forensic facility, the court may order:

(a)

The sheriff to take the person into protective custody and transport the person to a forensic facility; and

(b)

That the person be committed to the custody of the Administrator and kept under observation until the person is eligible for conditional release pursuant to NRS 178.463 or until the maximum length of commitment described in subsection 4 or 7 has expired.

4.

Except as otherwise provided in subsection 7, the length of commitment of a person pursuant to subsection 3 must not exceed 10 years, including any time that the person has been on conditional release pursuant to NRS 178.463.

5.

At least once every 12 months, the court shall review the eligibility of the defendant for conditional release.

6.

The provisions of subsection 1 apply to any of the following category B felonies:

(a)

Voluntary manslaughter pursuant to NRS 200.050;

(b)

Mayhem pursuant to NRS 200.280;

(c)

Kidnapping in the second degree pursuant to NRS 200.330;

(d)

Assault with a deadly weapon pursuant to NRS 200.471;

(e)

Battery with a deadly weapon pursuant to NRS 200.481;

(f)

Aggravated stalking pursuant to NRS 200.575;

(g)

First degree arson pursuant to NRS 205.010;

(h)

Burglary with a deadly weapon pursuant to NRS 205.060;

(i)

Invasion of the home with a deadly weapon pursuant to NRS 205.067;

(j)

Any category B felony involving the use of a firearm; and

(k)

Any attempt to commit a category A felony.

7.

If a person is within 6 months of the maximum length of commitment set forth in this subsection or subsection 4, as applicable, and:

(a)

Was charged with murder or sexual assault; and

(b)

Was committed to the custody of the Administrator pursuant to this subsection or subsection 3,
Ê the Administrator may file a motion to request an extension of the length of commitment for not more than 5 additional years.

8.

The court may grant a motion for an extension of the length of commitment pursuant to subsection 7 if, at a hearing conducted on the motion, the court finds by clear and convincing evidence that the person is a danger to himself or herself or others and that the person’s dangerousness is such that the person requires placement at a forensic facility.

9.

At a hearing conducted pursuant to subsection 8, a person who is committed has the right to be represented by counsel. If the person does not have counsel, the court shall appoint an attorney to represent the person.

Source: Section 178.461 — Motion for hearing to determine whether to commit incompetent defendant to custody of Administrator; risk assessment; dismissal of motion in certain circumstances; length of commitment; review of eligibility for conditional release; procedure for requesting extension of commitment., https://www.­leg.­state.­nv.­us/NRS/NRS-178.­html#NRS178Sec461.

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

§ 178.461’s source at nv​.us