AB305

Assembly Bill No. 305–Committee on Health

and Human Services

CHAPTER........

AN ACT relating to mental health; changing the name of the mental hygiene and mental

retardation division of the department of human resources and the commission on

mental health and mental retardation; changing the name of certain budget accounts

and facilities of the division; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 433.003 is hereby amended to read as follows:

433.003 The legislature hereby declares that it is the intent of this

Title:

1. To eliminate [~~both]~~ the forfeiture of any civil and legal rights of any

person and the imposition of any legal disability on any person, based on an

allegation of mental illness or mental retardation, by any method other than

a separate judicial proceeding resulting in a determination of incompetency,

wherein the civil and legal rights forfeited and the legal disabilities imposed

are specifically stated; and

2. To charge the [~~mental hygiene and mental retardation division,]~~

division of mental health and developmental services, and the division of

child and family services, of the department with recognizing their duty to

act in the best interests of their respective clients by placing them in the

least restrictive environment.

Sec. 2. NRS 433.024 is hereby amended to read as follows:

433.024 "Administrator" means the administrator of the [~~mental~~

~~hygiene and mental retardation]~~ division.

Sec. 3. NRS 433.047 is hereby amended to read as follows:

433.047 "Commission" means the commission on mental health and

[~~mental retardation.]~~ developmental services.

Sec. 4. NRS 433.084 is hereby amended to read as follows:

433.084 "Division" means the [~~mental hygiene and mental retardation]~~

division of mental health and developmental services of the department.

Sec. 5. NRS 433.233 is hereby amended to read as follows:

433.233 1. The division facilities providing mental health services

are designated as:

(a) Nevada mental health institute;

(b) [~~Las Vegas mental health center;~~

~~(e)]~~ Southern Nevada adult mental health services;

(c) Rural clinics; and

[~~(f) The program for mentally disordered offenders.]~~

(d) Lakes Crossing center

2. The division facilities providing services for mentally retarded

persons are designated as:

(a) Desert [~~developmental center; and]~~ regional center;

(b) Sierra [~~developmental center.]~~ regional center; and

(c) Rural regional center.

3. Division facilities established after July 1, 1981, must be named by

the administrator, subject to the approval of the director of the department.

Sec. 6. NRS 433.279 is hereby amended to read as follows:

433.279 1. The division shall carry out a vocational and educational

program for the certification of mental health-mental retardation

technicians, including forensic technicians:

(a) Employed by the division, or other employees of the division who

perform similar duties, but are classified differently.

(b) Employed by the division of child and family services of the

department.

The program must be carried out in cooperation with the University and

Community College System of Nevada.

2. A mental health-mental retardation technician is responsible to the

director of the service in which his duties are performed. The director of a

service may be a licensed physician, dentist, podiatric physician,

psychiatrist, psychologist, rehabilitation therapist, social worker, registered

nurse or other professionally qualified person. This section does not

authorize a mental health-mental retardation technician to perform duties

which require the specialized knowledge and skill of a professionally

qualified person.

3. The division shall adopt regulations to carry out the provisions of

this section.

4. As used in this section, "mental health-mental retardation

technician" means an employee of the [~~mental hygiene and mental~~

~~retardation]~~ division of mental health and developmental services or the

division of child and family services who, for compensation or personal

profit, [~~implements]~~ carries out procedures and techniques which involve

cause and effect and which are used in the care, treatment and rehabilitation

of mentally ill, emotionally disturbed or mentally retarded persons, and

who has direct responsibility for:

(a) Administering or [~~implementing]~~ carrying out specific therapeutic

procedures, techniques or treatments, excluding medical interventions, to

enable clients to make optimal use of their therapeutic regime, their social

and personal resources, and their residential care; or

(b) The application of interpersonal and technical skills in the

observation and recognition of symptoms and reactions of clients, for the

accurate recording of such symptoms and reactions, and for carrying out

treatments authorized by members of the interdisciplinary team that

determines the treatment of the clients.

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 and

433.454, unless the context otherwise requires:

1. "Client" means any person who seeks, on his own or another’s

initiative, and can benefit from care, treatment or training in a division

facility.

2. "Division facility" means any unit or subunit operated by:

(a) The [~~mental hygiene and mental retardation]~~ division of mental

health and developmental services of the department for the care,

treatment and training of clients; or

(b) The division of child and family services of the department pursuant

to NRS 433B.010 to 433B.350, inclusive.

Sec. 8. NRS 433.461 is hereby amended to read as follows:

433.461 "Facility" means any:

1. Unit or subunit operated by the [~~mental hygiene and mental~~

~~retardation]~~ division of mental health and developmental services of the

department for the care, treatment and training of clients.

2. Unit or subunit operated by the division of child and family services

of the department pursuant to NRS 433B.010 to 433B.350, inclusive.

3. Hospital, clinic or other institution operated by any public or private

entity, for the care, treatment and training of clients.

Sec. 9. NRS 433.484 is hereby amended to read as follows:

433.484 Each client admitted for evaluation, treatment or training to a

facility has the following rights [,] concerning care, treatment and training,

a list of which must be prominently posted in all facilities providing those

services and must be otherwise brought to the attention of the client by such

additional means as prescribed by regulation:

1. To medical, psychosocial and rehabilitative care, treatment and

training including prompt and appropriate medical treatment and care for

physical and mental ailments and for the prevention of any illness or

disability. All of that care, treatment and training must be consistent with

standards of practice of the respective professions in the community and is

subject to the following conditions:

(a) Before instituting a plan of care, treatment or training or carrying out

any necessary surgical procedure, express and informed consent must be

obtained in writing from:

(1) The client if he is 18 years of age or over or legally emancipated

and competent to give that consent, and from his legal guardian, if any;

(2) The parent or guardian of a client under 18 years of age and not

legally emancipated; or

(3) The legal guardian of a client of any age who has been

adjudicated mentally incompetent;

(b) An informed consent requires that the person whose consent is

sought be adequately informed as to:

(1) The nature and consequences of the procedure;

(2) The reasonable risks, benefits and purposes of the procedure; an

d
(3) Alternative procedures available;

withdrawn by the client in writing at any time with or without cause;

(d) Even in the absence of express and informed consent, a licensed and

qualified physician may render emergency medical care or treatment to any

client who has been injured in an accident or who is suffering from an acute

illness, disease or condition, if within a reasonable degree of medical

certainty, delay in the initiation of emergency medical care or treatment

would endanger the health of the client and if the treatment is immediately

entered into the client’s record of treatment, subject to the provisions of

paragraph (e); and

(e) If the proposed emergency medical care or treatment is deemed by

the chief medical officer of the facility to be unusual, experimental or

generally occurring infrequently in routine medical practice, the chief

medical officer shall request consultation from other physicians or

practitioners of healing arts who have knowledge of the proposed care or

treatment.

2. To be free from the application of any mechanical restraint, except if

prescribed by a physician. If so prescribed, the restraint must be removed

whenever the condition justifying its use no longer exists, and any use of a

mechanical restraint, together with the reasons therefor, must be made a

part of the client’s record of treatment.

3. To consent to his transfer from one facility to another, except that

the administrator of the [~~mental hygiene and mental retardation]~~ division of

mental health and developmental services of the department or his

designee, or the administrator of the division of child and family services of

the department or his designee, may order a transfer to be made whenever

conditions concerning care, treatment or training warrant it. If the client in

any manner objects to the transfer, the person ordering it must enter the

objection and a written justification of the transfer in the client’s record of

treatment and immediately forward a notice of the objection to the

administrator who ordered the transfer, and the commission shall review

the transfer pursuant to subsection 3 of NRS 433.534.

4. Other rights concerning care, treatment and training as may be

specified by regulation of the commission.

Sec. 10. NRS 433.524 is hereby amended to read as follows:

433.524 1. A client may perform labor which contributes to the

operation and maintenance of the facility for which the facility would

otherwise employ someone only if:

(a) The client voluntarily agrees to perform the labor;

(b) Engaging in the labor is not inconsistent with and does not interfere

with the plan of services for the client;

labor; and

(d) The amount of time or effort necessary to perform the labor is not

excessive.

In no event may discharge or privileges be conditioned upon the

performance of such labor.

2. A client who performs labor which contributes to the operation and

maintenance of the facility for which the facility would otherwise employ

someone must be adequately compensated and the compensation must be in

accordance with applicable state and federal labor laws.

3. A client who performs labor other than that described in subsection

2 must be compensated an adequate amount if an economic benefit to

another person or agency results from his labor.

4. The administrative officer of the facility may provide for

compensation of a resident when he performs labor not governed by

subsection 2 or 3.

5. This section does not apply to labor of a personal housekeeping

nature or to labor performed as a condition of residence in a small group

living arrangement.

6. One-half of any compensation paid to a client pursuant to this

section is exempt from collection or retention as payment for services

rendered by the [~~mental hygiene and mental retardation]~~ division of mental

health and developmental services of the department or its facilities, or by

the division of child and family services of the department or its facilities.

Such an amount is also exempt from levy, execution, attachment,

garnishment or any other remedies provided by law for the collection of

debts.

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,

inclusive, unless the context otherwise requires:

1. "Administrative officer" means a person with overall executive and

administrative responsibility for a division facility.

2. "Client" means any person who seeks, on his own or another’s

initiative, and can benefit from care, treatment or training in a division

facility.

3. "Division facility" means any unit or subunit operated by:

(a) The [~~mental hygiene and mental retardation]~~ division of mental

health and developmental services of the department for the care,

treatment and training of clients; or

(b) The division of child and family services of the department pursuant

to NRS 433B.010 to 433B.350, inclusive.

Sec. 12. NRS 433A.010 is hereby amended to read as follows:

433A.010 The provisions of this chapter apply to all mental health

centers of the [~~mental hygiene and mental retardation]~~ division of mental

health and developmental services of the department and of the division of

child and family services of the department. Such provisions apply to

private institutions and facilities offering mental health services only when

specified in the context.

Sec. 13. NRS 433A.013 is hereby amended to read as follows:

433A.013 "Administrator" means:

1. Except as otherwise provided in subsection 2, the administrator of

the [~~mental hygiene and mental retardation]~~ division of mental health and

developmental services of the department.

2. Regarding the provision of services for the mental health of children

pursuant to NRS 433B.010 to 433B.350, inclusive, the administrator of the

division of child and family services of the department.

Sec. 14. NRS 433A.015 is hereby amended to read as follows:

433A.015 "Division" means:

1. Except as otherwise provided in subsection 2, the [~~mental hygiene~~

~~and mental retardation]~~ division of mental health and developmental

services of the department.

2. Regarding the provision of services for the mental health of children

pursuant to NRS 433B.010 to 433B.350, inclusive, the division of child

and family services of the department.

Sec. 15. NRS 433A.016 is hereby amended to read as follows:

433A.016 "Division facility" means:

1. Except as otherwise provided in subsection 2, any unit or subunit

operated by the [~~mental hygiene and mental retardation]~~ division of mental

health and developmental services of the department for the care,

treatment and training of clients.

2. Any unit or subunit operated by the division of child and family

services of the department pursuant to NRS 433B.010 to 433B.350,

inclusive.

Sec. 16. NRS 433A.017 is hereby amended to read as follows:

433A.017 "Medical director" means the chief medical officer of any

program of the division [~~for mental health or mental retardation.]~~ of mental

health and developmental services of the department.

Sec. 17. NRS 433A.440 is hereby amended to read as follows:

433A.440 1. If any person involuntarily court-admitted to any

division facility pursuant to NRS 433A.310 is found by the court not to be

a resident of [~~the State of Nevada]~~ this state and to be a resident of another

~~[place,]~~ state, he may be transferred to the state of his residence pursuant to

NRS 433.444 if an appropriate institution of that state is willing to accept

him.

2. The approval of the administrator of the [~~mental hygiene and mental~~

~~retardation]~~ division of mental health and developmental services of the

department must be obtained before any transfer is made pursuant to

subsection 1.

Sec. 18. NRS 433B.090 is hereby amended to read as follows:

433B.090 "Person professionally qualified in the field of psychiatric

mental health" means:

1. A psychiatrist licensed to practice medicine in [~~the State of Nevada]~~

this state and certified by the American Board of Psychiatry and

Neurology;
2. A psychologist licensed to practice in this state;

3. A social worker who holds a master’s degree in social work, is

licensed by the state as a clinical social worker and is employed by the

division;

4. A registered nurse who:

(a) Is licensed to practice professional nursing in this state;

(b) Holds a master’s degree in the field of psychiatric nursing; and

~~retardation]~~ division of mental health and developmental services of the

department; or

5. A marriage and family therapist licensed pursuant to chapter 641A

of NRS.

Sec. 19. NRS 433B.130 is hereby amended to read as follows:

433B.130 1. The administrator shall:

(a) Administer, in accordance with the policies established by the

commission, the programs of the division for the mental health of children.

(b) Appoint the administrative personnel necessary to operate the

programs of the division for the mental health of children. The commission

must approve the credentials, training and experience of deputy

administrators and administrative officers appointed for this purpose.

technical, clerical and operational staff necessary for the operation of any

division facilities.

2. If the administrator finds that it is necessary or desirable that any

employee reside at a facility operated by the division or receive meals at

such a facility, perquisites granted or charges for services rendered to that

person are at the discretion of the governor.

3. The administrator may accept children referred to the division for

treatment pursuant to the provisions of NRS 458.290 to 458.350, inclusive.

4. The administrator may enter into agreements with the administrator

of the [~~mental hygiene and mental retardation]~~ division of mental health

and developmental services of the department for the care and treatment of

clients of the division of child and family services at any facility operated

by the division of mental [~~hygiene and mental retardation division.]~~ health

and developmental services.

Sec. 20. NRS 433B.140 is hereby amended to read as follows:

433B.140 The administrator shall:

1. Comply with any agreements made by the administrator of the

[~~mental hygiene and mental retardation]~~ division of mental health and

developmental services of the department pursuant to NRS 433.444; and

2. Accept for admission to a division facility any resident child of this

state for whom written permission for return and admission to a division

facility was given by the administrator of the [~~mental hygiene and mental~~

~~retardation]~~ division of mental health and developmental services of the

department pursuant to NRS 433.444.

Sec. 21. NRS 433B.190 is hereby amended to read as follows:

433B.190 1. The division shall adopt regulations to:

(a) Provide for a more detailed definition of abuse of a client, consistent

with the general definition given in NRS 433B.340;

(b) Provide for a more detailed definition of neglect of a client,

consistent with the general definition given in NRS 433B.340; and

of a client.

2. The regulations adopted pursuant to this section must, to the extent

possible and appropriate, be consistent with the regulations adopted by the

~~[mental hygiene and mental retardation]~~ division of mental health and

developmental services of the department pursuant to NRS 433.331.

Sec. 22. NRS 176.156 is hereby amended to read as follows:

176.156 1. The division shall disclose to the district attorney, the

counsel for the defendant and the defendant the factual content of the report

of the presentence investigation and the recommendations of the division

and afford an opportunity to each party to object to factual errors and

comment on the recommendations.

2. Unless otherwise ordered by a court, upon request, the division shall

disclose the content of a report of a presentence investigation to a law

enforcement agency of this state or a political subdivision thereof and to a

law enforcement agency of the Federal Government for the limited purpose

of performing their duties, including, but not limited to, conducting

hearings that are public in nature.

3. Unless otherwise ordered by a court, upon request, the division shall

disclose the content of a report of a presentence investigation to the [~~mental~~

~~hygiene and mental retardation]~~ division of mental health and

developmental services of the department of human resources for the

limited purpose of performing its duties, including, without limitation,

evaluating the mental health of:

(a) A sex offender as defined in NRS 213.107; or

(b) An offender who has been determined to be mentally ill,

to provide any report or information to the division.

4. Unless otherwise ordered by a court, upon request, the division shall

disclose the content of a report of a presentence investigation to the state

gaming control board for the limited purpose of performing its duties in the

administration of the provisions of chapters 462 to 467, inclusive, of NRS.

5. Except for the disclosures required by subsections 1 to 4, inclusive,

the report and its sources of information are confidential and must not be

made a part of any public record.

Sec. 23. NRS 178.415 is hereby amended to read as follows:

178.415 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, or other person who is especially qualified by the division of

mental [~~hygiene and mental retardation]~~ health and developmental

services of the department of human resources, to examine the defendant.

2. At a hearing in open court, the judge shall receive the report of the

examination and shall permit counsel for both sides to examine the person

or persons appointed to examine the defendant. The prosecuting attorney

and the defendant may introduce other evidence and cross-examine one

another’s witnesses.

3. The court shall then make and enter its finding of competence or

incompetence.

Sec. 24. NRS 178.425 is hereby amended to read as follows:

178.425 1. If the court finds the defendant incompetent, and that he

is dangerous to himself or to society or that commitment is required for a

determination of his ability to attain competence, the judge shall order the

sheriff to convey him forthwith, together with a copy of the complaint, the

commitment and the physicians’ certificate, if any, into the custody of the

administrator of the [~~mental hygiene and mental retardation]~~ division of

mental health and developmental services of the department of human

resources for detention and treatment at a secure facility operated by [~~the~~

~~mental hygiene and mental retardation]~~ that division.

2. The defendant must be held in such custody until a court orders his

release or until he is returned for trial or judgment as provided in NRS

178.450 to 178.465, inclusive.

3. If the court finds the defendant incompetent but not dangerous to

himself or to society, and finds that commitment is not required for a

determination of the defendant’s ability to attain competence, the judge

shall order the defendant to report to the administrator as an outpatient for

treatment, if it might be beneficial, and for a determination of his ability to

attain competence. The court may require the defendant to give bail for his

periodic appearances before the administrator.

4. Except as otherwise provided in subsection 5, proceedings against

the defendant must be suspended until the sanity commission or, if the

defendant is charged with a misdemeanor, the judge finds him capable of

standing trial or opposing pronouncement of judgment as provided in NRS

178.400.

5. Whenever the defendant has been found incompetent, with no

substantial probability of attaining competency in the foreseeable future,

and released from custody or from obligations as an outpatient pursuant to

paragraph (d) of subsection 3 of NRS 178.460, the proceedings against the

defendant which were suspended must be dismissed. No new charge arising

out of the same circumstances may be brought after a period, equal to the

maximum time allowed by law for commencing a criminal action for the

crime with which the defendant was charged, has lapsed since the date of

the alleged offense.

Sec. 25. NRS 178.435 is hereby amended to read as follows:

178.435 The expenses of the examination and of the transportation of

the defendant to and from the custody of the administrator of the [~~mental~~

~~hygiene and mental retardation]~~ division of mental health and

developmental services of the department of human resources are in the

first instance chargeable to the county or city from which he has been sent.

But the county or city may recover the money from the estate of the

defendant, from a relative legally bound to care for him or from the county

or city of which he is a resident.

Sec. 26. NRS 178.450 is hereby amended to read as follows:

178.450 1. The administrator of the [~~mental hygiene and mental~~

~~retardation]~~ division of mental health and developmental services of the

department of human resources shall keep each defendant committed to his

custody under NRS 178.425 or 178.460 under observation and shall have

each defendant who has been ordered to report to him as an outpatient

under those sections evaluated periodically.

2. The administrator shall notify in writing 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

opinion, upon medical consultation, the defendant is of sufficient mentality

to be able to understand the nature of the criminal charge against him and,

by reason thereof, is able to aid and assist his counsel in the defense

interposed upon the trial or against the pronouncement of the judgment

thereafter. The administrator shall submit such a notification, 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 3 of NRS 178.460,

and at monthly intervals thereafter. In all other cases, the initial notification

must be submitted within 6 months after the order and at 6-month intervals

thereafter. If the administrator’s opinion about the defendant is that he is

not of sufficient mentality to understand the nature of the charge against

him and assist in his own defense, the administrator shall also include in the

notice his opinion whether:

(a) There is a substantial probability that the defendant 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 to society.

3. The notice may be informal, but must contain:

(a) The name of the defendant and the county or city to which he may be

returned for further court action.

(b) The circumstances under which he was committed to the custody of

the administrator and the duration of his hospitalization, or the

circumstances under which he was ordered to report to the administrator as

an outpatient.

Sec. 27. NRS 178.455 is hereby amended to read as follows:

178.455 1. The judge, upon receiving the written notice of the

administrator of the [~~mental hygiene and mental retardation]~~ division of

mental health and developmental services of the department of human

resources that the defendant is of sufficient mentality to be placed upon

trial or receive pronouncement of judgment, or that he is not of sufficient

mentality and there is no substantial probability that he will attain

competency to stand trial or receive pronouncement of judgment in the

foreseeable future, shall, except as otherwise provided in subsection 4,

within a period [~~of]~~ not to exceed 20 days, impanel a sanity commission

composed of three persons, each of whom is a psychiatrist or psychologist,

but not including members of the medical staff of the [~~mental hygiene and~~

~~mental retardation division,]~~ division of mental health and developmental

services, who , in the opinion of the judge , are qualified to examine the

person with respect to his mental condition.

2. The sanity commission shall, within 20 days, examine the person

designated by the judge in the order impaneling the commission, at such

convenient place as the commission may direct. Upon the completion of the

examination , the commission shall return to the judge its reports in writing,

which must be signed by the respective members of the commission and

contain, [~~among other things,]~~ without limitation, specific findings and

opinion upon:

(a) Whether the person is of sufficient mentality to understand the nature

of the offense charged;

(b) Whether the person is of sufficient mentality to aid and assist

counsel in the defense of the offense charged, or to show cause why

judgment should not be pronounced; and

and (b) to be placed upon trial or receive pronouncement of judgment,

whether there is a substantial probability that he will attain competency in

the foreseeable future.

3. Members of the sanity commission shall report individually. Copies

of the reports must be sent to the administrator of the [~~mental hygiene and~~

~~mental retardation]~~ division of mental health and developmental services

to be incorporated in the medical record of the person, to the office of the

district attorney, and to the counsel for the outpatient or person committed.

4. In the case of a person charged or convicted of a misdemeanor, the

judge shall, upon receipt of the notice set forth in NRS 178.450 from the

administrator of the [~~mental health and mental retardation division:]~~

division of mental health and developmental services:

(a) Send a copy of the administrator’s notice to the prosecuting attorney

and to the defendant’s counsel;

(b) Without the assistance of a sanity commission, hold a hearing, if one

is requested within 10 days after the notice is sent pursuant to paragraph

(a), at which the attorneys may examine the administrator on his

determination; and

sent if no hearing is requested, enter his finding of competence or

incompetence in the manner set forth in subsection 3 of NRS 178.460.

Sec. 28. NRS 178.460 is hereby amended to read as follows:

178.460 1. If requested by the district attorney or counsel for the

defendant within 10 days after the reports of the sanity commission are sent

to them, the judge shall hold a hearing within 10 days after the request at

which the district attorney and the defense counsel may examine the

members of the sanity commission on their reports.

2. Within 10 days after the hearing or 20 days after the reports are sent,

if no hearing is requested, the judge shall make and enter his finding of

competence or incompetence, and if he finds the defendant to be

incompetent:

(a) Whether there is substantial probability that the defendant will attain

competency to stand trial or receive pronouncement of judgment in the

foreseeable future; and

(b) Whether the defendant is at that time a danger to himself or to

society.

3. If the judge finds the defendant:

(a) Competent, [~~he]~~ the judge shall , within 10 days , forward his finding

to the prosecuting attorney and counsel for the defendant. Upon receipt

thereof, the prosecuting attorney shall notify the sheriff of the county or

chief of police of the city that the defendant has been found competent and

arrange for the return of the defendant to that county or city for trial upon

the offense there charged or the pronouncement of judgment, as the case

may be. The defendant must not be returned more than 30 days before the

date set for the trial or pronouncement of judgment which must be within

60 days [~~of]~~ after the receipt of the findings of the sanity commission, or if

the case is a misdemeanor, within 60 days after the judge received the

notice from the administrator pursuant to subsection 1 of NRS 178.455.

(b) Incompetent, but there is a substantial probability that he will attain

competency to stand trial or receive pronouncement of judgment in the

foreseeable future and finds that he is dangerous to himself or to society,

~~[he]~~ the judge shall recommit the defendant.

competency to stand trial or receive pronouncement of judgment in the

foreseeable future and finds that he is not dangerous to himself or to

society, [~~he]~~ the judge shall order that the defendant remain an outpatient

or be transferred to the status of an outpatient under the provisions of NRS

178.425.

(d) Incompetent, with no substantial probability of attaining competency

in the foreseeable future, [~~he]~~ the judge shall order the defendant released

from custody or if the defendant is an outpatient, released from his

obligations as an outpatient if, within 10 days, a petition is not filed to

commit the person pursuant to NRS 433A.200. After the initial 10 days, the

defendant may remain an outpatient or in custody under the provisions of

this chapter only as long as the petition is pending unless the defendant is

involuntarily committed pursuant to chapter 433A of NRS.
4. No person who is committed under the provisions of this chapter

may be held in the custody of the administrator of the [~~mental hygiene and~~

~~mental retardation]~~ division of mental health and developmental services

of the department of human resources longer than the longest period of

incarceration provided for the crime or crimes with which he is charged.

Upon expiration of the period, the defendant must be returned to the

committing court for a determination as to whether or not involuntary

commitment pursuant to chapter 433A of NRS is required.

Sec. 29. NRS 178.465 is hereby amended to read as follows:

178.465 The members of the sanity commission are entitled to receive

reasonable compensation fixed by the judge impaneling the commission.

The compensation is a charge against and must be paid by the [~~mental~~

~~hygiene and mental retardation]~~ division of mental health and

developmental services of the department of human resources upon an

order therefor signed by the judge and submitted to the administrator of the

division. The administrator shall submit a claim for payment of the order in

the manner provided by law. After the appropriation for this purpose is

exhausted, money must be allocated to the [~~mental hygiene and mental~~

~~retardation]~~ division of mental health and developmental services out of

the reserve for statutory contingency account upon approval by the state

board of examiners, for payment of the compensation.

Sec. 30. NRS 213.1214 is hereby amended to read as follows:

213.1214 1. The board shall not release on parole a prisoner

convicted of an offense listed in subsection 5 unless a panel consisting of:

(a) The administrator of the [~~mental hygiene and mental retardation]~~

division of mental health and developmental services of the department of

human resources or his designee;

(b) The director of the department of prisons or his designee; and

licensed to practice medicine in this state,

certifies that the prisoner was under observation while confined in an

institution of the department of prisons and is not a menace to the health,

safety or morals of others.

2. A prisoner who has been certified pursuant to subsection 1 and who

returns for any reason to the custody of the department of prisons may not

be paroled unless a panel recertifies him in the manner set forth in

subsection 1.

3. The panel may revoke the certification of a prisoner certified

pursuant to subsection 1 at any time.

4. This section does not create a right in any prisoner to be certified or

continue to be certified . [~~and no]~~ No prisoner may bring a cause of action

against the state, its political subdivisions, agencies, boards, commissions,

departments, officers or employees for not certifying or refusing to place a

prisoner before a panel for certification pursuant to this section.

5. The provisions of this section apply to a prisoner convicted of any of

the following offenses:
(a) Sexual assault pursuant to NRS 200.366.

(b) Statutory sexual seduction pursuant to NRS 200.368.

200.400.

(d) Abuse or neglect of a child pursuant to NRS 200.508.

(e) An offense involving pornography and a minor pursuant to NRS

200.710 to 200.730, inclusive.

(f) Incest pursuant to NRS 201.180.

(g) Solicitation of a minor to engage in acts constituting the infamous

crime against nature pursuant to NRS 201.195.

(h) Open or gross lewdness pursuant to NRS 201.210.

(i) Indecent or obscene exposure pursuant to NRS 201.220.

(j) Lewdness with a child pursuant to NRS 201.230.

(k) Sexual penetration of a dead human body pursuant to NRS 201.450.

(l) An attempt to commit an offense listed in paragraphs (a) to (l),

inclusive.

(m) Coercion or attempted coercion that is determined to be sexually

motivated pursuant to NRS 207.193.

Sec. 31. NRS 217.450 is hereby amended to read as follows:

217.450 1. The commission on mental health and [~~mental~~

~~retardation]~~ developmental services shall advise the administrator of the

division concerning the award of grants from the account for aid for victims

of domestic violence.

2. The administrator of the division shall give priority to those

applications for grants from the account for aid for victims of domestic

violence submitted by organizations which offer the broadest range of

services for the least cost within one or more counties. The administrator

shall not approve the use of money from a grant to acquire any buildings.

3. The administrator of the division has the final authority to approve

or deny an application for a grant. The administrator shall notify each

applicant in writing of the action taken on its application within 45 days

after the deadline for filing the application.

4. In determining the amount of money to be allocated for grants, the

administrator of the division shall use the following formula:

(a) A basic allocation of $7,000 must be made to provide services for

residents of each county whose population is less than 100,000. For

counties whose population is 100,000 or more, the basic allocation is

$35,000. These allocations must be increased or decreased for each fiscal

year ending after June 30, 1990, by the same percentage that the amount

deposited in the account during the preceding fiscal year, pursuant to NRS

122.060, is greater or less than the sum of $791,000.

(b) Any additional revenue available in the account must be allocated to

grants, on a per capita basis, for all counties whose population is 14,000 or

more.

not revert and may be awarded in a subsequent year.

Sec. 32. NRS 232.300 is hereby amended to read as follows:

232.300 1. The department of human resources is hereby created.

2. The department consists of a director and the following divisions:

(a) Aging services division.

(b) Health division.

health and developmental services.

(d) Welfare division.

(e) Division of child and family services.

(f) Division of health care financing and policy.

3. The department is the sole agency responsible for administering the

provisions of law relating to its respective divisions.

Sec. 33. NRS 232.300 is hereby amended to read as follows:

232.300 1. The department of human resources is hereby created.

2. The department consists of a director and the following divisions:

(a) Aging services division.

(b) Health division.

health and developmental services.

(d) Welfare division.

(e) Division of child and family services.

3. The department is the sole agency responsible for administering the

provisions of law relating to its respective divisions.

Sec. 34. NRS 232.303 is hereby amended to read as follows:

232.303 1. There is hereby created in the department a commission

on mental health and [~~mental retardation]~~ developmental services

consisting of seven members appointed by the governor, at least three of

whom have training or experience in dealing with mental retardation.

2. The governor shall appoint:

(a) A psychiatrist licensed to practice medicine in this state, from a list

of three candidates submitted by the Nevada Psychiatric Association;

(b) A psychologist licensed to practice in this state and experienced in

clinical practice, from a list of four candidates two of whom are submitted

by the Northern Nevada Association for Certified Psychologists and two of

whom are submitted by the Southern Society for Certified Psychologists;

in this state and who has experience in dealing with mental retardation,

from a list of three candidates submitted by the Nevada State Medical

Association;

(d) A social worker who has a master’s degree and has experience in

dealing with mental illness or mental retardation, or both;

(e) A registered nurse licensed to practice in this state who has

experience in dealing with mental illness or mental retardation, or both,

from a list of three candidates submitted by the Nevada Nurses’

Association;
(f) A representative of the general public who has a special interest in

the field of mental health; and

(g) A representative of the general public who has a special interest in

the field of mental retardation.

3. The governor shall appoint the chairman of the commission from

among its members.

4. After the initial terms, each member shall serve a term of 4 years. If

a vacancy occurs during a member’s term, the governor shall appoint a

person qualified under this section to replace that member for the

remainder of the unexpired term.

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 at

least 6 times but not more than 12 times a year. A meeting may last for

more than 1 day. A majority of the members of the commission constitutes

a quorum and is required to transact any business of the commission.

2. Each member of the commission is entitled to receive a salary of not

more than $80, as fixed by the commission, for each day he is engaged in

the business of the commission.

3. While engaged in the business of the commission, each member and

employee of the commission is entitled to receive the per diem allowance

and travel expenses provided for state officers and employees generally.

4. A person is ineligible for appointment to or continued service on the

commission if he or his spouse owns an interest in or is employed by any

enterprise or organization, whether or not conducted for profit, which

derives 25 percent or more of its gross revenues from the [~~mental hygiene~~

~~and mental retardation division.]~~ division of mental health and

developmental services.

Sec. 36. NRS 232.320 is hereby amended to read as follows:

232.320 1. Except as otherwise provided in subsection 2, the

director:

(a) Shall appoint, with the consent of the governor, administrators of the

divisions of the department, who are respectively designated as follows:

(1) The administrator of the aging services division;

(2) The administrator of the health division;

(3) The state welfare administrator;

(4) The administrator of the division of child and family services; and

(5) The administrator of the division of health care financing and

policy.

(b) Shall administer, through the divisions of the department, the

provisions of chapters 210, 423, 424, 425, 427A, 432A to 442, inclusive,

446 [~~, 447, 449 and]~~ to 450 , inclusive, of NRS, NRS 127.220 to 127.310,

inclusive, 422.001 to 422.410, inclusive, 422.580, 432.010 to 432.139,

inclusive, 444.003 to 444.430, inclusive, and 445A.010 to 445A.050,

inclusive, and all other provisions of law relating to the functions of the

divisions of the department, but is not responsible for the clinical activities
of the health division or the professional line activities of the other

divisions.

and nonprofit organizations which provide social services, adopt a master

plan for the provision of human services in this state. The director shall

revise the plan biennially and deliver a copy of the plan to the governor and

the legislature at the beginning of each regular session. The plan must:

(1) Identify and assess the plans and programs of the department for

the provision of human services, and any duplication of those services by

federal, state and local agencies;

(2) Set forth priorities for the provision of those services;

(3) Provide for communication and the coordination of those services

among nonprofit organizations, agencies of local government, the state and

the Federal Government;

(4) Identify the sources of funding for services provided by the

department and the allocation of that funding;

(5) Set forth sufficient information to assist the department in

providing those services and in the planning and budgeting for the future

provision of those services; and

(6) Contain any other information necessary for the department to

communicate effectively with the Federal Government concerning

demographic trends, formulas for the distribution of federal money and any

need for the modification of programs administered by the department.

(d) May, by regulation, require nonprofit organizations and state and

local governmental agencies to provide information to him regarding the

programs of those organizations and agencies, excluding detailed

information relating to their budgets and payrolls, which he deems

necessary for his performance of the duties imposed upon him pursuant to

this section.

(e) Has such other powers and duties as are provided by law.

2. The governor shall appoint the administrator of the [~~mental hygiene~~

~~and mental retardation division.]~~ division of mental health and

developmental services.

Sec. 37. NRS 232.320 is hereby amended to read as follows:

232.320 1. Except as otherwise provided in subsection 2, the

director:

(a) Shall appoint, with the consent of the governor, chiefs of the

divisions of the department, who are respectively designated as follows:

(1) The administrator of the aging services division;

(2) The administrator of the health division;

(3) The state welfare administrator; and

(4) The administrator of the division of child and family services.

(b) Shall administer, through the divisions of the department, the

provisions of chapters 210, 423, 424, 425, 427A, 432A to 442, inclusive,

446 [~~, 447, 449 and]~~ to 450 , inclusive, of NRS, NRS 127.220 to 127.310,

inclusive, 422.070 to 422.410, inclusive, 432.010 to 432.139, inclusive,
444.003 to 444.430, inclusive, and 445A.010 to 445A.050, inclusive, and

all other provisions of law relating to the functions of the divisions of the

department, but is not responsible for the clinical activities of the health

division or the professional line activities of the other divisions.

and nonprofit organizations which provide social services, adopt a master

plan for the provision of human services in this state. The director shall

revise the plan biennially and deliver a copy of the plan to the governor and

the legislature at the beginning of each regular session. The plan must:

(1) Identify and assess the plans and programs of the department for

the provision of human services, and any duplication of those services by

federal, state and local agencies;

(2) Set forth priorities for the provision of those services;

(3) Provide for communication and the coordination of those services

among nonprofit organizations, agencies of local government, the state and

the Federal Government;

(4) Identify the sources of funding for services provided by the

department and the allocation of that funding;

(5) Set forth sufficient information to assist the department in

providing those services and in the planning and budgeting for the future

provision of those services; and

(6) Contain any other information necessary for the department to

communicate effectively with the Federal Government concerning

demographic trends, formulas for the distribution of federal money and any

need for the modification of programs administered by the department.

(d) May, by regulation, require nonprofit organizations and state and

local governmental agencies to provide information to him regarding the

programs of those organizations and agencies, excluding detailed

information relating to their budgets and payrolls, which he deems

necessary for his performance of the duties imposed upon him pursuant to

this section.

(e) Has such other powers and duties as are provided by law.

2. The governor shall appoint the administrator of the [~~mental hygiene~~

~~and mental retardation division.]~~ division of mental health and

developmental services.

Sec. 38. NRS 289.240 is hereby amended to read as follows:

289.240 Forensic technicians and correctional officers employed by

the [~~mental hygiene and mental retardation]~~ division of mental health and

developmental services of the department of human resources at facilities

for mentally disordered offenders have the powers of peace officers when

performing duties prescribed by the administrator of the division.

Sec. 39. NRS 353.351 is hereby amended to read as follows:

353.351 1. If the administrator of the [~~mental hygiene and mental~~

~~retardation]~~ division of mental health and developmental services of the

department of human resources determines that current claims exceed the

amount of money available because revenue from billed services has not
been collected, he may request from the director of the department of

administration a temporary advance from the state general fund for the

payment of authorized expenses.

2. The director of the department of administration shall notify the

state controller and the fiscal analysis division of the legislative counsel

bureau of his approval of a request made pursuant to subsection 1. The

state controller shall draw his warrant upon receipt of the approval by the

director of the department of administration.

3. An advance from the state general fund:

(a) May be approved by the director of the department of administration

for the following budget accounts of the [~~mental hygiene and mental~~

~~retardation]~~ division of mental health and developmental services of the

department of human resources:

(1) [~~Residential placement fund;~~

~~(2) Southern Nevada mental retardation services;]~~ Rural regional

center;

(2) Desert regional center; and

(3) [~~Northern Nevada mental retardation services.]~~ Sierra regional

center.

(b) Is limited to 25 percent of the revenues expected to be received in

the current fiscal year from any source other than legislative appropriation.

4. Any money which is temporarily advanced from the state general

fund to an account pursuant to subsection 3 must be repaid by August 31

following the end of the immediately preceding fiscal year.

Sec. 40. NRS 395.070 is hereby amended to read as follows:

395.070 1. The interagency panel is hereby created. The panel is

responsible for making recommendations concerning the placement of

persons with disabilities who are eligible to receive benefits pursuant to this

chapter. The panel consists of:

(a) The administrator of the division of child and family services of the

department of human resources;

(b) The administrator of the [~~mental hygiene and mental retardation]~~

division of mental health and developmental services of the department of

human resources;

(d) The superintendent of public instruction.

2. A member of the panel may designate a person to represent him at

any meeting of the panel. The person designated may exercise all the

duties, rights and privileges of the member he represents.

3. The panel shall:

(a) Every time a person with a disability is to be placed pursuant to

subsection 2 of NRS 395.010 in a foster home or residential facility, meet

to determine the needs of the person and the availability of homes or

facilities under the authority of the department of human resources after a

joint evaluation of that person is completed by the department of education

and the department of human resources;
(b) Determine the appropriate placement of the person, giving priority to

homes or facilities under the authority of the department of human

resources over any home or facility located outside of this state; and

Sec. 41. NRS 449.017 is hereby amended to read as follows:

449.017 1. Except as otherwise provided in subsection 2, "residential

facility for groups" means an establishment that furnishes food, shelter,

assistance and limited supervision to:

(a) Any aged, infirm, mentally retarded or handicapped person; or

(b) Four or more females during pregnancy or after delivery.

2. The term does not include:

(a) An establishment which provides care only during the day;

(b) A natural person who provides care for no more than two persons in

his own home;

to him within the third degree of consanguinity or affinity; or

(d) A facility funded by the welfare division or the [~~mental hygiene and~~

~~mental retardation]~~ division of mental health and developmental services

of the department of human resources.

Sec. 42. NRS 502.077 is hereby amended to read as follows:

502.077 1. The division shall issue special fishing permits to the

administrative head of:

(a) The Nevada mental health institute;

(b) [~~The Las Vegas mental health center;]~~ Southern Nevada adult

mental health services;

(d) The Southern Nevada children’s home;

(e) The Nevada youth training center;

(f) The Caliente youth center;

(g) The Spring Mountain Youth Camp;

(h) The China Spring Youth Camp;

(i) Any facility which provides temporary foster care for children who

are not delinquent; and

(j) Such other public or charitable institutions or organizations as are

designated by regulations adopted by the commission,

for use only by the members, patients or children of such institutions or

organizations.

2. The permits:

(a) Must be in the possession of the officer or employee who is

supervising a member, patient or child while he is fishing.

(b) Authorize a member, patient or child to fish in a legal manner if in

the company of an officer or employee of one of the institutions listed in

this section, or of an organization provided for by regulation, if the officer

or employee has a valid Nevada fishing license.

commission.
(d) Must contain the words "Nevada Special Fishing Permit" and the

number of the permit printed on the face of the permit.

(e) May authorize no more than 15 members, patients or children,

respectively, to fish.

3. Each institution or organization shall pay to the division an annual

fee of $15 for each permit issued to the institution or organization pursuant

to this section. The division shall not issue more than two permits per year

to each institution or organization.

4. It is unlawful for any person other than a member, patient or child in

one of these organizations or institutions to fish with a permit issued by the

division pursuant to this section.

Sec. 43. NRS 616A.205 is hereby amended to read as follows:

616A.205 Volunteer workers at a facility for inpatients of the [~~mental~~

~~hygiene and mental retardation]~~ division of mental health and

developmental services of the department of human resources, while acting

under the direction or authorization of the supervisor of volunteer services

of such a facility, shall be deemed, for the purpose of chapters 616A to

616D, inclusive, of NRS, employees of the facility, receiving a wage of

$350 per month, and are entitled to the benefits of those chapters upon

compliance therewith by the facility.

Sec. 44. NRS 617.135 is hereby amended to read as follows:

617.135 "Police officer" includes:

1. A sheriff, deputy sheriff, officer of a metropolitan police department

or city policeman;

2. A chief, inspector , supervisor, commercial officer or trooper of the

Nevada highway patrol;

3. A chief, investigator or agent of the investigation division of the

department of motor vehicles and public safety;

4. An officer or investigator for the control of emissions from vehicles

of the registration division of the department of motor vehicles and public

safety;

5. An investigator of the bureau of enforcement of the registration

division of the department of motor vehicles and public safety;

6. A member of the police department of the University and

Community College System of Nevada;

7. A:

(a) Uniformed employee of; or

(b) Forensic specialist employed by,

the department of prisons whose position requires regular and frequent

contact with the offenders imprisoned and subjects the employee to recall

in emergencies;

8. A parole and probation officer of the division of parole and

probation of the department of motor vehicles and public safety; and

9. A forensic specialist or correctional officer employed by the [~~mental~~

~~hygiene and mental retardation]~~ division of mental health and

developmental services of the department of human resources at facilities

for mentally disordered offenders.

Sec. 45. 1. This section and sections 1 to 32, inclusive, 34, 35, 36,

38 to 44, inclusive, and 46 of this act become effective upon passage and

approval.

2. Sections 33 and 37 of this act become effective at 12:01 a.m. on July

1, 1999.

3. Sections 32 and 36 of this act expire by limitation on July 1, 1999.

Sec. 46. The legislative counsel shall:

1. In preparing the reprint and supplements to the Nevada Revised

Statutes, with respect to any section that is not amended by this act or is

further amended by another act, appropriately change any reference to:

(a) "Commission on mental health and mental retardation" to

"commission on mental health and developmental services."

(b) "Desert developmental center" to "desert regional center."

health services."

(d) "Mental hygiene and mental retardation division" to "division of

mental health and developmental services."

(e) "Northern Nevada mental retardation services" to "sierra regional

center."

(f) "Program for mentally disordered offenders" to "Lakes Crossing

center."

(g) "Residential placement fund" to "rural regional center."

(h) "Sierra developmental center" to "sierra regional center."

(i) "Southern Nevada mental retardation services" to "desert regional

center."

2. In preparing supplements to the Nevada Administrative Code,

appropriately change any reference to:

(a) "Commission on mental health and mental retardation" to

"commission on mental health and developmental services."

(b) "Desert developmental center" to "desert regional center."

health services."

(d) "Mental hygiene and mental retardation division" to "division of

mental health and developmental services."

(e) "Northern Nevada mental retardation services" to "sierra regional

center."

(f) "Program for mentally disordered offenders" to "Lakes Crossing

center."

(g) "Residential placement fund" to "rural regional center."

(h) "Sierra developmental center" to "sierra regional center."

(i) "Southern Nevada mental retardation services" to "desert regional

center."