Assembly Bill No. 305–Committee on Health
and Human Services
(On Behalf of Mental Hygiene and
Mental Retardation Division)
February 23, 1999
____________
Referred to Committee on Health and Human Services
SUMMARY—Changes names of mental hygiene and mental retardation division of department of human resources and certain other entities, budget accounts and facilities of division. (BDR 39-443)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: Yes.
~
EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. NRS 433.003 is hereby amended to read as follows: 433.003 The legislature hereby declares that it is the intent of this1-3
Title:1-4
1. To eliminate1-5
person and the imposition of any legal disability on any person, based on1-6
an allegation of mental illness or mental retardation, by any method other1-7
than a separate judicial proceeding resulting in a determination of1-8
incompetency, wherein the civil and legal rights forfeited and the legal1-9
disabilities imposed are specifically stated; and2-1
2. To charge the2-2
division of mental health and developmental services, and the division of2-3
child and family services, of the department with recognizing their duty to2-4
act in the best interests of their respective clients by placing them in the2-5
least restrictive environment.2-6
Sec. 2. NRS 433.024 is hereby amended to read as follows: 433.024 "Administrator" means the administrator of the2-8
2-10
433.047 "Commission" means the commission on mental health and2-11
2-12
Sec. 4. NRS 433.084 is hereby amended to read as follows: 433.084 "Division" means the2-14
division of mental health and developmental services of the department.2-15
Sec. 5. NRS 433.233 is hereby amended to read as follows: 433.233 1. The division facilities providing mental health services2-17
are designated as:2-18
(a) Nevada mental health institute;2-19
(b)2-20
2-21
2-22
2-23
(c) Rural clinics; and2-24
2-25
(d) Lakes Crossing center.2-26
2. The division facilities providing services for mentally retarded2-27
persons are designated as:2-28
(a) Desert2-29
(b) Sierra2-30
(c) Rural regional center.2-31
3. Division facilities established after July 1, 1981, must be named by2-32
the administrator, subject to the approval of the director of the department.2-33
Sec. 6. NRS 433.279 is hereby amended to read as follows: 433.279 1. The division shall carry out a vocational and educational2-35
program for the certification of mental health-mental retardation2-36
technicians, including forensic technicians:2-37
(a) Employed by the division, or other employees of the division who2-38
perform similar duties, but are classified differently.2-39
(b) Employed by the division of child and family services of the2-40
department.2-41
The program must be carried out in cooperation with the University and2-42
Community College System of Nevada.3-1
2. A mental health-mental retardation technician is responsible to the3-2
director of the service in which his duties are performed. The director of a3-3
service may be a licensed physician, dentist, podiatric physician,3-4
psychiatrist, psychologist, rehabilitation therapist, social worker, registered3-5
nurse or other professionally qualified person. This section does not3-6
authorize a mental health-mental retardation technician to perform duties3-7
which require the specialized knowledge and skill of a professionally3-8
qualified person.3-9
3. The division shall adopt regulations to carry out the provisions of3-10
this section.3-11
4. As used in this section, "mental health-mental retardation3-12
technician" means an employee of the3-13
3-14
division of child and family services who, for compensation or personal3-15
profit,3-16
cause and effect and which are used in the care, treatment and3-17
rehabilitation of mentally ill, emotionally disturbed or mentally retarded3-18
persons, and who has direct responsibility for:3-19
(a) Administering or3-20
procedures, techniques or treatments, excluding medical interventions, to3-21
enable clients to make optimal use of their therapeutic regime, their social3-22
and personal resources, and their residential care; or3-23
(b) The application of interpersonal and technical skills in the3-24
observation and recognition of symptoms and reactions of clients, for the3-25
accurate recording of such symptoms and reactions, and for carrying out3-26
treatments authorized by members of the interdisciplinary team that3-27
determines the treatment of the clients.3-28
Sec. 7. NRS 433.431 is hereby amended to read as follows: 433.431 As used in this section and NRS 433.434, 433.444 and3-30
433.454, unless the context otherwise requires:3-31
1. "Client" means any person who seeks, on his own or another’s3-32
initiative, and can benefit from care, treatment or training in a division3-33
facility.3-34
2. "Division facility" means any unit or subunit operated by:3-35
(a) The3-36
health and developmental services of the department for the care,3-37
treatment and training of clients; or3-38
(b) The division of child and family services of the department pursuant3-39
to NRS 433B.010 to 433B.350, inclusive.4-1
Sec. 8. NRS 433.461 is hereby amended to read as follows: 433.461 "Facility" means any:4-3
1. Unit or subunit operated by the4-4
4-5
department for the care, treatment and training of clients.4-6
2. Unit or subunit operated by the division of child and family services4-7
of the department pursuant to NRS 433B.010 to 433B.350, inclusive.4-8
3. Hospital, clinic or other institution operated by any public or private4-9
entity, for the care, treatment and training of clients.4-10
Sec. 9. NRS 433.484 is hereby amended to read as follows: 433.484 Each client admitted for evaluation, treatment or training to a4-12
facility has the following rights4-13
a list of which must be prominently posted in all facilities providing those4-14
services and must be otherwise brought to the attention of the client by4-15
such additional means as prescribed by regulation:4-16
1. To medical, psychosocial and rehabilitative care, treatment and4-17
training including prompt and appropriate medical treatment and care for4-18
physical and mental ailments and for the prevention of any illness or4-19
disability. All of that care, treatment and training must be consistent with4-20
standards of practice of the respective professions in the community and is4-21
subject to the following conditions:4-22
(a) Before instituting a plan of care, treatment or training or carrying4-23
out any necessary surgical procedure, express and informed consent must4-24
be obtained in writing from:4-25
(1) The client if he is 18 years of age or over or legally emancipated4-26
and competent to give that consent, and from his legal guardian, if any;4-27
(2) The parent or guardian of a client under 18 years of age and not4-28
legally emancipated; or4-29
(3) The legal guardian of a client of any age who has been4-30
adjudicated mentally incompetent;4-31
(b) An informed consent requires that the person whose consent is4-32
sought be adequately informed as to:4-33
(1) The nature and consequences of the procedure;4-34
(2) The reasonable risks, benefits and purposes of the procedure; and4-35
(3) Alternative procedures available;4-36
(c) The consent of a client as provided in paragraph (b) may be4-37
withdrawn by the client in writing at any time with or without cause;4-38
(d) Even in the absence of express and informed consent, a licensed and4-39
qualified physician may render emergency medical care or treatment to4-40
any client who has been injured in an accident or who is suffering from an4-41
acute illness, disease or condition, if within a reasonable degree of medical4-42
certainty, delay in the initiation of emergency medical care or treatment5-1
would endanger the health of the client and if the treatment is immediately5-2
entered into the client’s record of treatment, subject to the provisions of5-3
paragraph (e); and5-4
(e) If the proposed emergency medical care or treatment is deemed by5-5
the chief medical officer of the facility to be unusual, experimental or5-6
generally occurring infrequently in routine medical practice, the chief5-7
medical officer shall request consultation from other physicians or5-8
practitioners of healing arts who have knowledge of the proposed care or5-9
treatment.5-10
2. To be free from the application of any mechanical restraint, except5-11
if prescribed by a physician. If so prescribed, the restraint must be removed5-12
whenever the condition justifying its use no longer exists, and any use of a5-13
mechanical restraint, together with the reasons therefor, must be made a5-14
part of the client’s record of treatment.5-15
3. To consent to his transfer from one facility to another, except that5-16
the administrator of the5-17
of mental health and developmental services of the department or his5-18
designee, or the administrator of the division of child and family services5-19
of the department or his designee, may order a transfer to be made5-20
whenever conditions concerning care, treatment or training warrant it. If5-21
the client in any manner objects to the transfer, the person ordering it must5-22
enter the objection and a written justification of the transfer in the client’s5-23
record of treatment and immediately forward a notice of the objection to5-24
the administrator who ordered the transfer, and the commission shall5-25
review the transfer pursuant to subsection 3 of NRS 433.534.5-26
4. Other rights concerning care, treatment and training as may be5-27
specified by regulation of the commission.5-28
Sec. 10. NRS 433.524 is hereby amended to read as follows: 433.524 1. A client may perform labor which contributes to the5-30
operation and maintenance of the facility for which the facility would5-31
otherwise employ someone only if:5-32
(a) The client voluntarily agrees to perform the labor;5-33
(b) Engaging in the labor is not inconsistent with and does not interfere5-34
with the plan of services for the client;5-35
(c) The person responsible for the client’s treatment agrees to the plan5-36
of labor; and5-37
(d) The amount of time or effort necessary to perform the labor is not5-38
excessive.5-39
In no event may discharge or privileges be conditioned upon the5-40
performance of such labor.6-1
2. A client who performs labor which contributes to the operation and6-2
maintenance of the facility for which the facility would otherwise employ6-3
someone must be adequately compensated and the compensation must be6-4
in accordance with applicable state and federal labor laws.6-5
3. A client who performs labor other than that described in subsection6-6
2 must be compensated an adequate amount if an economic benefit to6-7
another person or agency results from his labor.6-8
4. The administrative officer of the facility may provide for6-9
compensation of a resident when he performs labor not governed by6-10
subsection 2 or 3.6-11
5. This section does not apply to labor of a personal housekeeping6-12
nature or to labor performed as a condition of residence in a small group6-13
living arrangement.6-14
6. One-half of any compensation paid to a client pursuant to this6-15
section is exempt from collection or retention as payment for services6-16
rendered by the6-17
health and developmental services of the department or its facilities, or by6-18
the division of child and family services of the department or its facilities.6-19
Such an amount is also exempt from levy, execution, attachment,6-20
garnishment or any other remedies provided by law for the collection of6-21
debts.6-22
Sec. 11. NRS 433.538 is hereby amended to read as follows: 433.538 As used in this section and NRS 433.539 to 433.543,6-24
inclusive, unless the context otherwise requires:6-25
1. "Administrative officer" means a person with overall executive and6-26
administrative responsibility for a division facility.6-27
2. "Client" means any person who seeks, on his own or another’s6-28
initiative, and can benefit from care, treatment or training in a division6-29
facility.6-30
3. "Division facility" means any unit or subunit operated by:6-31
(a) The6-32
health and developmental services of the department for the care,6-33
treatment and training of clients; or6-34
(b) The division of child and family services of the department pursuant6-35
to NRS 433B.010 to 433B.350, inclusive.6-36
Sec. 12. NRS 433A.010 is hereby amended to read as follows: 433A.010 The provisions of this chapter apply to all mental health6-38
centers of the6-39
health and developmental services of the department and of the division of6-40
child and family services of the department. Such provisions apply to6-41
private institutions and facilities offering mental health services only when6-42
specified in the context.7-1
Sec. 13. NRS 433A.013 is hereby amended to read as follows: 433A.013 "Administrator" means:7-3
1. Except as otherwise provided in subsection 2, the administrator of7-4
the7-5
developmental services of the department.7-6
2. Regarding the provision of services for the mental health of children7-7
pursuant to NRS 433B.010 to 433B.350, inclusive, the administrator of the7-8
division of child and family services of the department.7-9
Sec. 14. NRS 433A.015 is hereby amended to read as follows: 433A.015 "Division" means:7-11
1. Except as otherwise provided in subsection 2, the7-12
7-13
services of the department.7-14
2. Regarding the provision of services for the mental health of children7-15
pursuant to NRS 433B.010 to 433B.350, inclusive, the division of child7-16
and family services of the department.7-17
Sec. 15. NRS 433A.016 is hereby amended to read as follows: 433A.016 "Division facility" means:7-19
1. Except as otherwise provided in subsection 2, any unit or subunit7-20
operated by the7-21
health and developmental services of the department for the care,7-22
treatment and training of clients.7-23
2. Any unit or subunit operated by the division of child and family7-24
services of the department pursuant to NRS 433B.010 to 433B.350,7-25
inclusive.7-26
Sec. 16. NRS 433A.017 is hereby amended to read as follows: 433A.017 "Medical director" means the chief medical officer of any7-28
program of the division7-29
mental health and developmental services of the department.7-30
Sec. 17. NRS 433A.440 is hereby amended to read as follows: 433A.440 1. If any person involuntarily court-admitted to any7-32
division facility pursuant to NRS 433A.310 is found by the court not to be7-33
a resident of7-34
7-35
NRS 433.444 if an appropriate institution of that state is willing to accept7-36
him.7-37
2. The approval of the administrator of the7-38
7-39
department must be obtained before any transfer is made pursuant to7-40
subsection 1.8-1
Sec. 18. NRS 433B.090 is hereby amended to read as follows: 433B.090 "Person professionally qualified in the field of psychiatric8-3
mental health" means:8-4
1. A psychiatrist licensed to practice medicine in8-5
this state and certified by the American Board of Psychiatry and8-6
Neurology;8-7
2. A psychologist licensed to practice in this state;8-8
3. A social worker who holds a master’s degree in social work, is8-9
licensed by the state as a clinical social worker and is employed by the8-10
division;8-11
4. A registered nurse who:8-12
(a) Is licensed to practice professional nursing in this state;8-13
(b) Holds a master’s degree in the field of psychiatric nursing; and8-14
(c) Is employed by the division or the8-15
8-16
department; or8-17
5. A marriage and family therapist licensed pursuant to chapter 641A8-18
of NRS.8-19
Sec. 19. NRS 433B.130 is hereby amended to read as follows: 433B.130 1. The administrator shall:8-21
(a) Administer, in accordance with the policies established by the8-22
commission, the programs of the division for the mental health of children.8-23
(b) Appoint the administrative personnel necessary to operate the8-24
programs of the division for the mental health of children. The commission8-25
must approve the credentials, training and experience of deputy8-26
administrators and administrative officers appointed for this purpose.8-27
(c) Delegate to the administrative officers the power to appoint medical,8-28
technical, clerical and operational staff necessary for the operation of any8-29
division facilities.8-30
2. If the administrator finds that it is necessary or desirable that any8-31
employee reside at a facility operated by the division or receive meals at8-32
such a facility, perquisites granted or charges for services rendered to that8-33
person are at the discretion of the governor.8-34
3. The administrator may accept children referred to the division for8-35
treatment pursuant to the provisions of NRS 458.290 to 458.350, inclusive.8-36
4. The administrator may enter into agreements with the administrator8-37
of the8-38
and developmental services of the department for the care and treatment of8-39
clients of the division of child and family services at any facility operated8-40
by the division of mental8-41
and developmental services.9-1
Sec. 20. NRS 433B.140 is hereby amended to read as follows: 433B.140 The administrator shall:9-3
1. Comply with any agreements made by the administrator of the9-4
9-5
developmental services of the department pursuant to NRS 433.444; and9-6
2. Accept for admission to a division facility any resident child of this9-7
state for whom written permission for return and admission to a division9-8
facility was given by the administrator of the9-9
9-10
department pursuant to NRS 433.444.9-11
Sec. 21. NRS 433B.190 is hereby amended to read as follows: 433B.190 1. The division shall adopt regulations to:9-13
(a) Provide for a more detailed definition of abuse of a client, consistent9-14
with the general definition given in NRS 433B.340;9-15
(b) Provide for a more detailed definition of neglect of a client,9-16
consistent with the general definition given in NRS 433B.340; and9-17
(c) Establish policies and procedures for reporting the abuse or neglect9-18
of a client.9-19
2. The regulations adopted pursuant to this section must, to the extent9-20
possible and appropriate, be consistent with the regulations adopted by the9-21
9-22
developmental services of the department pursuant to NRS 433.331.9-23
Sec. 22. NRS 176.156 is hereby amended to read as follows: 176.156 1. The division shall disclose to the district attorney, the9-25
counsel for the defendant and the defendant the factual content of the9-26
report of the presentence investigation and the recommendations of the9-27
division and afford an opportunity to each party to object to factual errors9-28
and comment on the recommendations.9-29
2. Unless otherwise ordered by a court, upon request, the division shall9-30
disclose the content of a report of a presentence investigation to a law9-31
enforcement agency of this state or a political subdivision thereof and to a9-32
law enforcement agency of the Federal Government for the limited9-33
purpose of performing their duties, including, but not limited to,9-34
conducting hearings that are public in nature.9-35
3. Unless otherwise ordered by a court, upon request, the division shall9-36
disclose the content of a report of a presentence investigation to the9-37
9-38
developmental services of the department of human resources for the9-39
limited purpose of performing its duties, including, without limitation,9-40
evaluating the mental health of:9-41
(a) A sex offender as defined in NRS 213.107; or9-42
(b) An offender who has been determined to be mentally ill,9-43
to provide any report or information to the division.10-1
4. Unless otherwise ordered by a court, upon request, the division shall10-2
disclose the content of a report of a presentence investigation to the state10-3
gaming control board for the limited purpose of performing its duties in the10-4
administration of the provisions of chapters 462 to 467, inclusive, of NRS.10-5
5. Except for the disclosures required by subsections 1 to 4, inclusive,10-6
the report and its sources of information are confidential and must not be10-7
made a part of any public record.10-8
Sec. 23. NRS 178.415 is hereby amended to read as follows: 178.415 1. Except as otherwise provided in this subsection, the court10-10
shall appoint two psychiatrists, two psychologists, or one psychiatrist and10-11
one psychologist, to examine the defendant. If the defendant is accused of10-12
a misdemeanor, the court of jurisdiction shall appoint a psychiatric social10-13
worker, or other person who is especially qualified by the division of10-14
mental10-15
services of the department of human resources, to examine the defendant.10-16
2. At a hearing in open court, the judge shall receive the report of the10-17
examination and shall permit counsel for both sides to examine the person10-18
or persons appointed to examine the defendant. The prosecuting attorney10-19
and the defendant may introduce other evidence and cross-examine one10-20
another’s witnesses.10-21
3. The court shall then make and enter its finding of competence or10-22
incompetence.10-23
Sec. 24. NRS 178.425 is hereby amended to read as follows: 178.425 1. If the court finds the defendant incompetent, and that he10-25
is dangerous to himself or to society or that commitment is required for a10-26
determination of his ability to attain competence, the judge shall order the10-27
sheriff to convey him forthwith, together with a copy of the complaint, the10-28
commitment and the physicians’ certificate, if any, into the custody of the10-29
administrator of the10-30
mental health and developmental services of the department of human10-31
resources for detention and treatment at a secure facility operated by10-32
10-33
2. The defendant must be held in such custody until a court orders his10-34
release or until he is returned for trial or judgment as provided in NRS10-35
178.450 to 178.465, inclusive.10-36
3. If the court finds the defendant incompetent but not dangerous to10-37
himself or to society, and finds that commitment is not required for a10-38
determination of the defendant’s ability to attain competence, the judge10-39
shall order the defendant to report to the administrator as an outpatient for10-40
treatment, if it might be beneficial, and for a determination of his ability to10-41
attain competence. The court may require the defendant to give bail for his10-42
periodic appearances before the administrator.11-1
4. Except as otherwise provided in subsection 5, proceedings against11-2
the defendant must be suspended until the sanity commission or, if the11-3
defendant is charged with a misdemeanor, the judge finds him capable of11-4
standing trial or opposing pronouncement of judgment as provided in NRS11-5
178.400.11-6
5. Whenever the defendant has been found incompetent, with no11-7
substantial probability of attaining competency in the foreseeable future,11-8
and released from custody or from obligations as an outpatient pursuant to11-9
paragraph (d) of subsection 3 of NRS 178.460, the proceedings against the11-10
defendant which were suspended must be dismissed. No new charge11-11
arising out of the same circumstances may be brought after a period, equal11-12
to the maximum time allowed by law for commencing a criminal action for11-13
the crime with which the defendant was charged, has lapsed since the date11-14
of the alleged offense.11-15
Sec. 25. NRS 178.435 is hereby amended to read as follows: 178.435 The expenses of the examination and of the transportation of11-17
the defendant to and from the custody of the administrator of the11-18
11-19
developmental services of the department of human resources are in the11-20
first instance chargeable to the county or city from which he has been sent.11-21
But the county or city may recover the money from the estate of the11-22
defendant, from a relative legally bound to care for him or from the county11-23
or city of which he is a resident.11-24
Sec. 26. NRS 178.450 is hereby amended to read as follows: 178.450 1. The administrator of the11-26
11-27
department of human resources shall keep each defendant committed to his11-28
custody under NRS 178.425 or 178.460 under observation and shall have11-29
each defendant who has been ordered to report to him as an outpatient11-30
under those sections evaluated periodically.11-31
2. The administrator shall notify in writing a judge of the court which11-32
committed the person and the prosecuting attorney of the county or city to11-33
which the person may be returned for further court action whether , in his11-34
opinion, upon medical consultation, the defendant is of sufficient mentality11-35
to be able to understand the nature of the criminal charge against him and,11-36
by reason thereof, is able to aid and assist his counsel in the defense11-37
interposed upon the trial or against the pronouncement of the judgment11-38
thereafter. The administrator shall submit such a notification, in the case of11-39
a person charged or convicted of a misdemeanor, within 3 months after the11-40
order for commitment or treatment and evaluation as an outpatient or for11-41
recommitment pursuant to paragraph (b) of subsection 3 of NRS 178.460,11-42
and at monthly intervals thereafter. In all other cases, the initial notification11-43
must be submitted within 6 months after the order and at 6-month intervals12-1
thereafter. If the administrator’s opinion about the defendant is that he is12-2
not of sufficient mentality to understand the nature of the charge against12-3
him and assist in his own defense, the administrator shall also include in12-4
the notice his opinion whether:12-5
(a) There is a substantial probability that the defendant will attain12-6
competency to stand trial or receive pronouncement of judgment in the12-7
foreseeable future; and12-8
(b) The defendant is at that time a danger to himself or to society.12-9
3. The notice may be informal, but must contain:12-10
(a) The name of the defendant and the county or city to which he may12-11
be returned for further court action.12-12
(b) The circumstances under which he was committed to the custody of12-13
the administrator and the duration of his hospitalization, or the12-14
circumstances under which he was ordered to report to the administrator as12-15
an outpatient.12-16
Sec. 27. NRS 178.455 is hereby amended to read as follows: 178.455 1. The judge, upon receiving the written notice of the12-18
administrator of the12-19
mental health and developmental services of the department of human12-20
resources that the defendant is of sufficient mentality to be placed upon12-21
trial or receive pronouncement of judgment, or that he is not of sufficient12-22
mentality and there is no substantial probability that he will attain12-23
competency to stand trial or receive pronouncement of judgment in the12-24
foreseeable future, shall, except as otherwise provided in subsection 4,12-25
within a period12-26
composed of three persons, each of whom is a psychiatrist or psychologist,12-27
but not including members of the medical staff of the12-28
12-29
services, who , in the opinion of the judge , are qualified to examine the12-30
person with respect to his mental condition.12-31
2. The sanity commission shall, within 20 days, examine the person12-32
designated by the judge in the order impaneling the commission, at such12-33
convenient place as the commission may direct. Upon the completion of12-34
the examination , the commission shall return to the judge its reports in12-35
writing, which must be signed by the respective members of the12-36
commission and contain,12-37
findings and opinion upon:12-38
(a) Whether the person is of sufficient mentality to understand the12-39
nature of the offense charged;12-40
(b) Whether the person is of sufficient mentality to aid and assist12-41
counsel in the defense of the offense charged, or to show cause why12-42
judgment should not be pronounced; and13-1
(c) If the person is not of sufficient mentality pursuant to paragraphs (a)13-2
and (b) to be placed upon trial or receive pronouncement of judgment,13-3
whether there is a substantial probability that he will attain competency in13-4
the foreseeable future.13-5
3. Members of the sanity commission shall report individually. Copies13-6
of the reports must be sent to the administrator of the13-7
13-8
to be incorporated in the medical record of the person, to the office of the13-9
district attorney, and to the counsel for the outpatient or person committed.13-10
4. In the case of a person charged or convicted of a misdemeanor, the13-11
judge shall, upon receipt of the notice set forth in NRS 178.450 from the13-12
administrator of the13-13
division of mental health and developmental services:13-14
(a) Send a copy of the administrator’s notice to the prosecuting attorney13-15
and to the defendant’s counsel;13-16
(b) Without the assistance of a sanity commission, hold a hearing, if one13-17
is requested within 10 days after the notice is sent pursuant to paragraph13-18
(a), at which the attorneys may examine the administrator on his13-19
determination; and13-20
(c) Within 10 days after the hearing, if any, or 20 days after the notice is13-21
sent if no hearing is requested, enter his finding of competence or13-22
incompetence in the manner set forth in subsection 3 of NRS 178.460.13-23
Sec. 28. NRS 178.460 is hereby amended to read as follows: 178.460 1. If requested by the district attorney or counsel for the13-25
defendant within 10 days after the reports of the sanity commission are13-26
sent to them, the judge shall hold a hearing within 10 days after the request13-27
at which the district attorney and the defense counsel may examine the13-28
members of the sanity commission on their reports.13-29
2. Within 10 days after the hearing or 20 days after the reports are13-30
sent, if no hearing is requested, the judge shall make and enter his finding13-31
of competence or incompetence, and if he finds the defendant to be13-32
incompetent:13-33
(a) Whether there is substantial probability that the defendant will attain13-34
competency to stand trial or receive pronouncement of judgment in the13-35
foreseeable future; and13-36
(b) Whether the defendant is at that time a danger to himself or to13-37
society.13-38
3. If the judge finds the defendant:13-39
(a) Competent,13-40
finding to the prosecuting attorney and counsel for the defendant. Upon13-41
receipt thereof, the prosecuting attorney shall notify the sheriff of the13-42
county or chief of police of the city that the defendant has been found13-43
competent and arrange for the return of the defendant to that county or city14-1
for trial upon the offense there charged or the pronouncement of judgment,14-2
as the case may be. The defendant must not be returned more than 30 days14-3
before the date set for the trial or pronouncement of judgment which must14-4
be within 60 days14-5
commission, or if the case is a misdemeanor, within 60 days after the judge14-6
received the notice from the administrator pursuant to subsection 1 of NRS14-7
178.455.14-8
(b) Incompetent, but there is a substantial probability that he will attain14-9
competency to stand trial or receive pronouncement of judgment in the14-10
foreseeable future and finds that he is dangerous to himself or to society,14-11
14-12
(c) Incompetent, but there is a substantial probability that he will attain14-13
competency to stand trial or receive pronouncement of judgment in the14-14
foreseeable future and finds that he is not dangerous to himself or to14-15
society,14-16
or be transferred to the status of an outpatient under the provisions of NRS14-17
178.425.14-18
(d) Incompetent, with no substantial probability of attaining14-19
competency in the foreseeable future,14-20
defendant released from custody or if the defendant is an outpatient,14-21
released from his obligations as an outpatient if, within 10 days, a petition14-22
is not filed to commit the person pursuant to NRS 433A.200. After the14-23
initial 10 days, the defendant may remain an outpatient or in custody under14-24
the provisions of this chapter only as long as the petition is pending unless14-25
the defendant is involuntarily committed pursuant to chapter 433A of14-26
NRS.14-27
4. No person who is committed under the provisions of this chapter14-28
may be held in the custody of the administrator of the14-29
14-30
of the department of human resources longer than the longest period of14-31
incarceration provided for the crime or crimes with which he is charged.14-32
Upon expiration of the period, the defendant must be returned to the14-33
committing court for a determination as to whether or not involuntary14-34
commitment pursuant to chapter 433A of NRS is required.14-35
Sec. 29. NRS 178.465 is hereby amended to read as follows: 178.465 The members of the sanity commission are entitled to receive14-37
reasonable compensation fixed by the judge impaneling the commission.14-38
The compensation is a charge against and must be paid by the14-39
14-40
developmental services of the department of human resources upon an14-41
order therefor signed by the judge and submitted to the administrator of the14-42
division. The administrator shall submit a claim for payment of the order in14-43
the manner provided by law. After the appropriation for this purpose is15-1
exhausted, money must be allocated to the16-1
16-2
the reserve for statutory contingency account upon approval by the state16-3
board of examiners, for payment of the compensation.16-4
Sec. 30. NRS 213.1214 is hereby amended to read as follows: 213.1214 1. The board shall not release on parole a prisoner16-6
convicted of an offense listed in subsection 5 unless a panel consisting of:16-7
(a) The administrator of the16-8
division of mental health and developmental services of the department of16-9
human resources or his designee;16-10
(b) The director of the department of prisons or his designee; and16-11
(c) A psychologist licensed to practice in this state or a psychiatrist16-12
licensed to practice medicine in this state,16-13
certifies that the prisoner was under observation while confined in an16-14
institution of the department of prisons and is not a menace to the health,16-15
safety or morals of others.16-16
2. A prisoner who has been certified pursuant to subsection 1 and who16-17
returns for any reason to the custody of the department of prisons may not16-18
be paroled unless a panel recertifies him in the manner set forth in16-19
subsection 1.16-20
3. The panel may revoke the certification of a prisoner certified16-21
pursuant to subsection 1 at any time.16-22
4. This section does not create a right in any prisoner to be certified or16-23
continue to be certified .16-24
against the state, its political subdivisions, agencies, boards, commissions,16-25
departments, officers or employees for not certifying or refusing to place a16-26
prisoner before a panel for certification pursuant to this section.16-27
5. The provisions of this section apply to a prisoner convicted of any16-28
of the following offenses:16-29
(a) Sexual assault pursuant to NRS 200.366.16-30
(b) Statutory sexual seduction pursuant to NRS 200.368.16-31
(c) Battery with intent to commit sexual assault pursuant to NRS16-32
200.400.16-33
(d) Abuse or neglect of a child pursuant to NRS 200.508.16-34
(e) An offense involving pornography and a minor pursuant to NRS16-35
200.710 to 200.730, inclusive.16-36
(f) Incest pursuant to NRS 201.180.16-37
(g) Solicitation of a minor to engage in acts constituting the infamous16-38
crime against nature pursuant to NRS 201.195.16-39
(h) Open or gross lewdness pursuant to NRS 201.210.16-40
(i) Indecent or obscene exposure pursuant to NRS 201.220.16-41
(j) Lewdness with a child pursuant to NRS 201.230.16-42
(k) Sexual penetration of a dead human body pursuant to NRS 201.450.17-1
(l) An attempt to commit an offense listed in paragraphs (a) to (l),17-2
inclusive.17-3
(m) Coercion or attempted coercion that is determined to be sexually17-4
motivated pursuant to NRS 207.193. Sec. 31. NRS 217.450 is hereby amended to read as follows:17-6
217.450 1. The commission on mental health and17-7
17-8
division concerning the award of grants from the account for aid for17-9
victims of domestic violence.17-10
2. The administrator of the division shall give priority to those17-11
applications for grants from the account for aid for victims of domestic17-12
violence submitted by organizations which offer the broadest range of17-13
services for the least cost within one or more counties. The administrator17-14
shall not approve the use of money from a grant to acquire any buildings.17-15
3. The administrator of the division has the final authority to approve17-16
or deny an application for a grant. The administrator shall notify each17-17
applicant in writing of the action taken on its application within 45 days17-18
after the deadline for filing the application.17-19
4. In determining the amount of money to be allocated for grants, the17-20
administrator of the division shall use the following formula:17-21
(a) A basic allocation of $7,000 must be made to provide services for17-22
residents of each county whose population is less than 100,000. For17-23
counties whose population is 100,000 or more, the basic allocation is17-24
$35,000. These allocations must be increased or decreased for each fiscal17-25
year ending after June 30, 1990, by the same percentage that the amount17-26
deposited in the account during the preceding fiscal year, pursuant to NRS17-27
122.060, is greater or less than the sum of $791,000.17-28
(b) Any additional revenue available in the account must be allocated to17-29
grants, on a per capita basis, for all counties whose population is 14,000 or17-30
more.17-31
(c) Money remaining in the account after disbursement of grants does17-32
not revert and may be awarded in a subsequent year.17-33
Sec. 32. NRS 232.300 is hereby amended to read as follows: 232.300 1. The department of human resources is hereby created.17-35
2. The department consists of a director and the following divisions:17-36
(a) Aging services division.17-37
(b) Health division.17-38
(c)17-39
mental health and developmental services.17-40
(d) Welfare division.17-41
(e) Division of child and family services.17-42
(f) Division of health care financing and policy.18-1
3. The department is the sole agency responsible for administering the18-2
provisions of law relating to its respective divisions.18-3
Sec. 33. NRS 232.300 is hereby amended to read as follows:18-4
232.300 1. The department of human resources is hereby created.18-5
2. The department consists of a director and the following divisions:18-6
(a) Aging services division.18-7
(b) Health division.18-8
(c)18-9
mental health and developmental services.18-10
(d) Welfare division.18-11
(e) Division of child and family services.18-12
3. The department is the sole agency responsible for administering the18-13
provisions of law relating to its respective divisions. Sec. 34. NRS 232.303 is hereby amended to read as follows:18-15
232.303 1. There is hereby created in the department a commission18-16
on mental health and18-17
consisting of seven members appointed by the governor, at least three of18-18
whom have training or experience in dealing with mental retardation.18-19
2. The governor shall appoint:18-20
(a) A psychiatrist licensed to practice medicine in this state, from a list18-21
of three candidates submitted by the Nevada Psychiatric Association;18-22
(b) A psychologist licensed to practice in this state and experienced in18-23
clinical practice, from a list of four candidates two of whom are submitted18-24
by the Northern Nevada Association for Certified Psychologists and two of18-25
whom are submitted by the Southern Society for Certified Psychologists;18-26
(c) A physician, other than a psychiatrist, licensed to practice medicine18-27
in this state and who has experience in dealing with mental retardation,18-28
from a list of three candidates submitted by the Nevada State Medical18-29
Association;18-30
(d) A social worker who has a master’s degree and has experience in18-31
dealing with mental illness or mental retardation, or both;18-32
(e) A registered nurse licensed to practice in this state who has18-33
experience in dealing with mental illness or mental retardation, or both,18-34
from a list of three candidates submitted by the Nevada Nurses’18-35
Association;18-36
(f) A representative of the general public who has a special interest in18-37
the field of mental health; and18-38
(g) A representative of the general public who has a special interest in18-39
the field of mental retardation.18-40
3. The governor shall appoint the chairman of the commission from18-41
among its members.19-1
4. After the initial terms, each member shall serve a term of 4 years. If19-2
a vacancy occurs during a member’s term, the governor shall appoint a19-3
person qualified under this section to replace that member for the19-4
remainder of the unexpired term.19-5
Sec. 35. NRS 232.306 is hereby amended to read as follows: 232.306 1. The commission shall meet at the call of the chairman at19-7
least 6 times but not more than 12 times a year. A meeting may last for19-8
more than 1 day. A majority of the members of the commission constitutes19-9
a quorum and is required to transact any business of the commission.19-10
2. Each member of the commission is entitled to receive a salary of not19-11
more than $80, as fixed by the commission, for each day he is engaged in19-12
the business of the commission.19-13
3. While engaged in the business of the commission, each member and19-14
employee of the commission is entitled to receive the per diem allowance19-15
and travel expenses provided for state officers and employees generally.19-16
4. A person is ineligible for appointment to or continued service on the19-17
commission if he or his spouse owns an interest in or is employed by any19-18
enterprise or organization, whether or not conducted for profit, which19-19
derives 25 percent or more of its gross revenues from the19-20
19-21
developmental services.19-22
Sec. 36. NRS 232.320 is hereby amended to read as follows: 232.320 1. Except as otherwise provided in subsection 2, the19-24
director:19-25
(a) Shall appoint, with the consent of the governor, administrators of the19-26
divisions of the department, who are respectively designated as follows:19-27
(1) The administrator of the aging services division;19-28
(2) The administrator of the health division;19-29
(3) The state welfare administrator;19-30
(4) The administrator of the division of child and family services; and19-31
(5) The administrator of the division of health care financing and19-32
policy.19-33
(b) Shall administer, through the divisions of the department, the19-34
provisions of chapters 210, 423, 424, 425, 427A, 432A to 442, inclusive,19-35
44619-36
inclusive, 422.001 to 422.410, inclusive, 422.580, 432.010 to 432.139,19-37
inclusive, 444.003 to 444.430, inclusive, and 445A.010 to 445A.050,19-38
inclusive, and all other provisions of law relating to the functions of the19-39
divisions of the department, but is not responsible for the clinical activities19-40
of the health division or the professional line activities of the other19-41
divisions.20-1
(c) Shall, after considering advice from agencies of local governments20-2
and nonprofit organizations which provide social services, adopt a master20-3
plan for the provision of human services in this state. The director shall20-4
revise the plan biennially and deliver a copy of the plan to the governor20-5
and the legislature at the beginning of each regular session. The plan must:20-6
(1) Identify and assess the plans and programs of the department for20-7
the provision of human services, and any duplication of those services by20-8
federal, state and local agencies;20-9
(2) Set forth priorities for the provision of those services;20-10
(3) Provide for communication and the coordination of those services20-11
among nonprofit organizations, agencies of local government, the state and20-12
the Federal Government;20-13
(4) Identify the sources of funding for services provided by the20-14
department and the allocation of that funding;20-15
(5) Set forth sufficient information to assist the department in20-16
providing those services and in the planning and budgeting for the future20-17
provision of those services; and20-18
(6) Contain any other information necessary for the department to20-19
communicate effectively with the Federal Government concerning20-20
demographic trends, formulas for the distribution of federal money and20-21
any need for the modification of programs administered by the department.20-22
(d) May, by regulation, require nonprofit organizations and state and20-23
local governmental agencies to provide information to him regarding the20-24
programs of those organizations and agencies, excluding detailed20-25
information relating to their budgets and payrolls, which he deems20-26
necessary for his performance of the duties imposed upon him pursuant to20-27
this section.20-28
(e) Has such other powers and duties as are provided by law.20-29
2. The governor shall appoint the administrator of the20-30
20-31
developmental services.20-32
Sec. 37. NRS 232.320 is hereby amended to read as follows:20-33
232.320 1. Except as otherwise provided in subsection 2, the20-34
director:20-35
(a) Shall appoint, with the consent of the governor, chiefs of the20-36
divisions of the department, who are respectively designated as follows:20-37
(1) The administrator of the aging services division;20-38
(2) The administrator of the health division;20-39
(3) The state welfare administrator; and20-40
(4) The administrator of the division of child and family services.20-41
(b) Shall administer, through the divisions of the department, the20-42
provisions of chapters 210, 423, 424, 425, 427A, 432A to 442, inclusive,20-43
44621-1
inclusive, 422.070 to 422.410, inclusive, 432.010 to 432.139, inclusive,21-2
444.003 to 444.430, inclusive, and 445A.010 to 445A.050, inclusive, and21-3
all other provisions of law relating to the functions of the divisions of the21-4
department, but is not responsible for the clinical activities of the health21-5
division or the professional line activities of the other divisions.21-6
(c) Shall, after considering advice from agencies of local governments21-7
and nonprofit organizations which provide social services, adopt a master21-8
plan for the provision of human services in this state. The director shall21-9
revise the plan biennially and deliver a copy of the plan to the governor21-10
and the legislature at the beginning of each regular session. The plan must:21-11
(1) Identify and assess the plans and programs of the department for21-12
the provision of human services, and any duplication of those services by21-13
federal, state and local agencies;21-14
(2) Set forth priorities for the provision of those services;21-15
(3) Provide for communication and the coordination of those services21-16
among nonprofit organizations, agencies of local government, the state and21-17
the Federal Government;21-18
(4) Identify the sources of funding for services provided by the21-19
department and the allocation of that funding;21-20
(5) Set forth sufficient information to assist the department in21-21
providing those services and in the planning and budgeting for the future21-22
provision of those services; and21-23
(6) Contain any other information necessary for the department to21-24
communicate effectively with the Federal Government concerning21-25
demographic trends, formulas for the distribution of federal money and21-26
any need for the modification of programs administered by the department.21-27
(d) May, by regulation, require nonprofit organizations and state and21-28
local governmental agencies to provide information to him regarding the21-29
programs of those organizations and agencies, excluding detailed21-30
information relating to their budgets and payrolls, which he deems21-31
necessary for his performance of the duties imposed upon him pursuant to21-32
this section.21-33
(e) Has such other powers and duties as are provided by law.21-34
2. The governor shall appoint the administrator of the21-35
21-36
developmental services.21-37
Sec. 38. NRS 289.240 is hereby amended to read as follows: 289.240 Forensic technicians and correctional officers employed by21-39
the21-40
developmental services of the department of human resources at facilities21-41
for mentally disordered offenders have the powers of peace officers when21-42
performing duties prescribed by the administrator of the division.22-1
Sec. 39. NRS 353.351 is hereby amended to read as follows: 353.351 1. If the administrator of the22-3
22-4
department of human resources determines that current claims exceed the22-5
amount of money available because revenue from billed services has not22-6
been collected, he may request from the director of the department of22-7
administration a temporary advance from the state general fund for the22-8
payment of authorized expenses.22-9
2. The director of the department of administration shall notify the22-10
state controller and the fiscal analysis division of the legislative counsel22-11
bureau of his approval of a request made pursuant to subsection 1. The22-12
state controller shall draw his warrant upon receipt of the approval by the22-13
director of the department of administration.22-14
3. An advance from the state general fund:22-15
(a) May be approved by the director of the department of administration22-16
for the following budget accounts of the22-17
22-18
department of human resources:22-19
(1)22-20
22-21
center;22-22
(2) Desert regional center; and22-23
(3)22-24
center.22-25
(b) Is limited to 25 percent of the revenues expected to be received in22-26
the current fiscal year from any source other than legislative appropriation.22-27
4. Any money which is temporarily advanced from the state general22-28
fund to an account pursuant to subsection 3 must be repaid by August 3122-29
following the end of the immediately preceding fiscal year.22-30
Sec. 40. NRS 395.070 is hereby amended to read as follows: 395.070 1. The interagency panel is hereby created. The panel is22-32
responsible for making recommendations concerning the placement of22-33
persons with disabilities who are eligible to receive benefits pursuant to22-34
this chapter. The panel consists of:22-35
(a) The administrator of the division of child and family services of the22-36
department of human resources;22-37
(b) The administrator of the22-38
division of mental health and developmental services of the department of22-39
human resources;22-40
(c) The director of the department of human resources; and22-41
(d) The superintendent of public instruction.23-1
2. A member of the panel may designate a person to represent him at23-2
any meeting of the panel. The person designated may exercise all the23-3
duties, rights and privileges of the member he represents.23-4
3. The panel shall:23-5
(a) Every time a person with a disability is to be placed pursuant to23-6
subsection 2 of NRS 395.010 in a foster home or residential facility, meet23-7
to determine the needs of the person and the availability of homes or23-8
facilities under the authority of the department of human resources after a23-9
joint evaluation of that person is completed by the department of education23-10
and the department of human resources;23-11
(b) Determine the appropriate placement of the person, giving priority23-12
to homes or facilities under the authority of the department of human23-13
resources over any home or facility located outside of this state; and23-14
(c) Make a recommendation concerning the placement of the person.23-15
Sec. 41. NRS 449.017 is hereby amended to read as follows: 449.017 1. Except as otherwise provided in subsection 2, "residential23-17
facility for groups" means an establishment that furnishes food, shelter,23-18
assistance and limited supervision to:23-19
(a) Any aged, infirm, mentally retarded or handicapped person; or23-20
(b) Four or more females during pregnancy or after delivery.23-21
2. The term does not include:23-22
(a) An establishment which provides care only during the day;23-23
(b) A natural person who provides care for no more than two persons in23-24
his own home;23-25
(c) A natural person who provides care for one or more persons related23-26
to him within the third degree of consanguinity or affinity; or23-27
(d) A facility funded by the welfare division or the23-28
23-29
of the department of human resources.23-30
Sec. 42. NRS 502.077 is hereby amended to read as follows: 502.077 1. The division shall issue special fishing permits to the23-32
administrative head of:23-33
(a) The Nevada mental health institute;23-34
(b)23-35
mental health services;23-36
(c) The Northern Nevada children’s home;23-37
(d) The Southern Nevada children’s home;23-38
(e) The Nevada youth training center;23-39
(f) The Caliente youth center;23-40
(g) The Spring Mountain Youth Camp;23-41
(h) The China Spring Youth Camp;23-42
(i) Any facility which provides temporary foster care for children who23-43
are not delinquent; and24-1
(j) Such other public or charitable institutions or organizations as are24-2
designated by regulations adopted by the commission,24-3
for use only by the members, patients or children of such institutions or24-4
organizations.24-5
2. The permits:24-6
(a) Must be in the possession of the officer or employee who is24-7
supervising a member, patient or child while he is fishing.24-8
(b) Authorize a member, patient or child to fish in a legal manner if in24-9
the company of an officer or employee of one of the institutions listed in24-10
this section, or of an organization provided for by regulation, if the officer24-11
or employee has a valid Nevada fishing license.24-12
(c) Must be issued pursuant and subject to regulations prescribed by the24-13
commission.24-14
(d) Must contain the words "Nevada Special Fishing Permit" and the24-15
number of the permit printed on the face of the permit.24-16
(e) May authorize no more than 15 members, patients or children,24-17
respectively, to fish.24-18
3. Each institution or organization shall pay to the division an annual24-19
fee of $15 for each permit issued to the institution or organization pursuant24-20
to this section. The division shall not issue more than two permits per year24-21
to each institution or organization.24-22
4. It is unlawful for any person other than a member, patient or child24-23
in one of these organizations or institutions to fish with a permit issued by24-24
the division pursuant to this section.24-25
Sec. 43. NRS 616A.205 is hereby amended to read as follows: 616A.205 Volunteer workers at a facility for inpatients of the24-27
24-28
developmental services of the department of human resources, while acting24-29
under the direction or authorization of the supervisor of volunteer services24-30
of such a facility, shall be deemed, for the purpose of chapters 616A to24-31
616D, inclusive, of NRS, employees of the facility, receiving a wage of24-32
$350 per month, and are entitled to the benefits of those chapters upon24-33
compliance therewith by the facility.24-34
Sec. 44. NRS 617.135 is hereby amended to read as follows: 617.135 "Police officer" includes:24-36
1. A sheriff, deputy sheriff, officer of a metropolitan police department24-37
or city policeman;24-38
2. A chief, inspector , supervisor, commercial officer or trooper of the24-39
Nevada highway patrol;24-40
3. A chief, investigator or agent of the investigation division of the24-41
department of motor vehicles and public safety;25-1
4. An officer or investigator for the control of emissions from vehicles25-2
of the registration division of the department of motor vehicles and public25-3
safety;25-4
5. An investigator of the bureau of enforcement of the registration25-5
division of the department of motor vehicles and public safety;25-6
6. A member of the police department of the University and25-7
Community College System of Nevada;25-8
7. A:25-9
(a) Uniformed employee of; or25-10
(b) Forensic specialist employed by,25-11
the department of prisons whose position requires regular and frequent25-12
contact with the offenders imprisoned and subjects the employee to recall25-13
in emergencies;25-14
8. A parole and probation officer of the division of parole and25-15
probation of the department of motor vehicles and public safety; and25-16
9. A forensic specialist or correctional officer employed by the25-17
25-18
developmental services of the department of human resources at facilities25-19
for mentally disordered offenders.25-20
Sec. 45. 1. This section and sections 1 to 32, inclusive, 34, 35, 36,25-21
38 to 44, inclusive, and 46 of this act become effective upon passage and25-22
approval.25-23
2. Sections 33 and 37 of this act become effective at 12:01 a.m. on25-24
July 1, 1999.25-25
3. Sections 32 and 36 of this act expire by limitation on July 1, 1999.25-26
Sec. 46. The legislative counsel shall:25-27
1. In preparing the reprint and supplements to the Nevada Revised25-28
Statutes, with respect to any section that is not amended by this act or is25-29
further amended by another act, appropriately change any reference to:25-30
(a) "Commission on mental health and mental retardation" to25-31
"commission on mental health and developmental services."25-32
(b) "Desert developmental center" to "desert regional center."25-33
(c) "Las Vegas mental health center" to "Southern Nevada adult mental25-34
health services."25-35
(d) "Mental hygiene and mental retardation division" to "division of25-36
mental health and developmental services."25-37
(e) "Northern Nevada mental retardation services" to "sierra regional25-38
center."25-39
(f) "Program for mentally disordered offenders" to "Lakes Crossing25-40
center."25-41
(g) "Residential placement fund" to "rural regional center."25-42
(h) "Sierra developmental center" to "sierra regional center."26-1
(i) "Southern Nevada mental retardation services" to "desert regional26-2
center."26-3
2. In preparing supplements to the Nevada Administrative Code,26-4
appropriately change any reference to:26-5
(a) "Commission on mental health and mental retardation" to26-6
"commission on mental health and developmental services."26-7
(b) "Desert developmental center" to "desert regional center."26-8
(c) "Las Vegas mental health center" to "Southern Nevada adult mental26-9
health services."26-10
(d) "Mental hygiene and mental retardation division" to "division of26-11
mental health and developmental services."26-12
(e) "Northern Nevada mental retardation services" to "sierra regional26-13
center."26-14
(f) "Program for mentally disordered offenders" to "Lakes Crossing26-15
center."26-16
(g) "Residential placement fund" to "rural regional center."26-17
(h) "Sierra developmental center" to "sierra regional center."26-18
(i) "Southern Nevada mental retardation services" to "desert regional26-19
center."~