AB582_EN

Assembly Bill No. 582–Committee on Judiciary

CHAPTER..........

AN ACT relating to criminal procedure; revising the provisions pertaining to the competency of defendants; eliminating the sanity commission; 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 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 division of mental health and developmental services

of the department of human resources or his designee for detention and

treatment at a secure facility operated by 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,] 178.460, 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 or his designee 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[.] or his designee.

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

the defendant must be suspended until the [sanity commission]

administrator or his designee 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] 4 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. 2. 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 division

of mental health and developmental services of the department of human

resources or his designee 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. 3. NRS 178.450 is hereby amended to read as follows:

178.450 1. The administrator of the division of mental health and

developmental services of the department of human resources or his

designee 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 or his designee shall [notify] report in writing to

a judge of the court which committed the person and the prosecuting

attorney of the county or city to which the person may be returned for

further court action whether, in his 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 or his

designee shall submit such a [notification,] report, in the case of a person

charged or convicted of a misdemeanor, within 3 months after the order

for commitment or treatment and evaluation as an outpatient or for

recommitment pursuant to paragraph (b) of subsection [3] 4 of NRS

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

[notification] report must be submitted within 6 months after the order and

at 6-month intervals thereafter. If the [administrator’s] opinion of the

administrator or his designee 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 or his designee shall also

include in the [notice] report 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] report 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 or his designee and the duration of his hospitalization, or

the circumstances under which he was ordered to report to the

administrator or his designee as an outpatient.

Sec. 4. 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 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 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 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, without limitation, specific findings and opinion

upon:] Except as otherwise provided for persons charged with or

convicted of a misdemeanor, the administrator of the division of mental

health and developmental services of the department of human

resources or his designee shall appoint a licensed psychiatrist and a

licensed psychologist from the treatment team to evaluate the defendant.

The administrator or his designee shall also appoint a third evaluator

who must be a licensed psychiatrist or psychologist and not a member of

the treatment team. Upon the completion of the evaluation and

treatment of the defendant, the administrator or his designee shall report

to the court in writing his 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]

2. A copy of the report must be [sent to] :

(a) Maintained by the administrator of the division of mental health and

developmental services [to be] or his designee and incorporated in the

medical record of the person[,] ; and

(b) Sent to the office of the district attorney[,] and to the counsel for the

outpatient or person committed.

[4.] 3. In the case of a person charged with or convicted of a

misdemeanor, the judge shall, upon receipt of the [notice] report set forth

in NRS 178.450 from the administrator of the division of mental health

and developmental services[:] or his designee:

(a) Send a copy of the [administrator’s notice] report by the

administrator or his designee to the prosecuting attorney and to the

defendant’s counsel;

(b) [Without the assistance of a sanity commission, hold] Hold a

hearing, if one is requested within 10 days after the [notice] report is sent

pursuant to paragraph (a), at which the attorneys may examine the

administrator or his designee or the members of the defendant’s

treatment team on [his determination;] the determination of the report;

and

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

incompetence in the manner set forth in subsection [3] 4 of NRS 178.460.

Sec. 5. 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]

report by the administrator or his designee is 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] treatment team on their [reports.] report.

2. If the judge orders the appointment of a licensed psychiatrist or

psychologist who is not employed by the division of mental health and

developmental services of the department of human resources to

perform an additional evaluation and report concerning the defendant,

the cost of the additional evaluation and report is a charge against the

county.

3. Within 10 days after the hearing or 20 days after the [reports are]

report is 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.] 4. If the judge finds the defendant:

(a) Competent, 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] prearrange with the facility 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 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,

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, 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, 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.] 5. No person who is committed under the provisions of this

chapter may be held in the custody of the administrator of the division of

mental health and developmental services of the department of human

resources or his designee 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. 6. NRS 353.264 is hereby amended to read as follows:

353.264 1. The reserve for statutory contingency account is hereby

created in the state general fund.

2. The state board of examiners shall administer the reserve for

statutory contingency account, and the money in the account must be

expended only for:

(a) The payment of claims which are obligations of the state pursuant to

NRS 41.03435, 41.0347, 176.485, 179.310, 212.040, 212.050, 212.070,

214.040, 281.174, 282.290, 282.315, 288.203, 293.253, 293.405, 353.120,

353.262, 412.154 and 475.235;

(b) The payment of claims which are obligations of the state pursuant

to:

(1) Chapter 472 of NRS arising from operations of the division of

forestry of the state department of conservation and natural resources

directly involving the protection of life and property; and

(2) NRS 7.155, 34.750, 176A.640, [178.465,] 179.225, 213.153 and

293B.210,

but the claims must be approved for the respective purposes listed in this

paragraph only when the money otherwise appropriated for those purposes

has been exhausted;

NRS 41.0349 and 41.037, but only to the extent that the money in the fund

for insurance premiums is insufficient to pay the claims; and

(d) The payment of claims which are obligations of the state pursuant to

NRS 535.030 arising from remedial actions taken by the state engineer

when the condition of a dam becomes dangerous to the safety of life or

property.

Sec. 7. NRS 178.465 is hereby repealed.

Sec. 8. This act becomes effective upon passage and approval.

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