Adoption of this amendment will ADD a 2/3s majority vote requirement for final passage of AB156 R1 (§ 23.5).
ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not
|Concurred In Not
Receded Not | Receded Not
Amend sec. 9, page 5, line 35, after “inclusive,” by inserting:
“and section 23.5 of this act,”.
Amend the bill as a whole by adding a new section designated sec. 23.5, following sec. 23, to read as follows:
“Sec. 23.5. Chapter 178 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A person may not provide a report or an evaluation concerning the competency of a defendant to stand trial or receive pronouncement of judgment pursuant to this section and NRS 178.400 to 178.460, inclusive, unless the person is certified by the Division of Mental Health and Developmental Services of the Department of Human Resources for that purpose.
2. The Division of Mental Health and Developmental Services shall adopt regulations to establish:
(a) Requirements for certification of a person who provides reports and evaluations concerning the competency of a defendant pursuant to this section and NRS 178.400 to 178.460, inclusive;
(b) Reasonable fees for issuing and renewing such certificates; and
(c) Requirements for continuing education for the renewal of a certificate.
3. The fees so collected must be used only to:
(a) Defray the cost of issuing and renewing certificates; and
(b) Pay any other expenses incurred by the Division of Mental Health and Developmental Services in carrying out its duties pursuant to this section.
4. The Division of Mental Health and Developmental Services shall establish and administer examinations to determine the eligibility of any person who applies for certification. An applicant is entitled to certification upon satisfaction of the requirements of the Division of Mental Health and Developmental Services. The Division of Mental Health and Developmental Services may enter into a contract with another person, organization or agency to carry out or assist in carrying out the provisions of this subsection.”.
Amend the bill as a whole by adding a new section designated sec. 24.5, following sec. 24, to read as follows:
“Sec. 24.5. 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 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.
4. The court shall not appoint a person to provide a report or an evaluation pursuant to this section, unless the person is certified by the Division of Mental Health and Developmental Services pursuant to section 23.5 of this act.”.
Amend the bill as a whole by adding a new section designated sec. 25.5, following sec. 25, to read as follows:
“Sec. 25.5. NRS 178.455 is hereby amended to read as follows:
178.455 1. 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 who is certified pursuant to section 23.5 of this act to evaluate the defendant. The Administrator or his designee shall also appoint a third evaluator who must be a licensed psychiatrist or psychologist , must be certified pursuant to section 23.5 of this act and must not be 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
(c) If the person is not of sufficient mentality pursuant to paragraphs (a) 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.
2. A copy of the report must be:
(a) Maintained by the Administrator of the Division of Mental Health and Developmental Services 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.
3. In the case of a person charged with or convicted of a misdemeanor, the judge shall, upon receipt of the 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 report by the Administrator or his designee to the prosecuting attorney and to the defendant’s counsel;
(b) Hold a hearing, if one is requested within 10 days after the 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 the determination of the report; and
(c) Within 10 days after the hearing, if any, or 20 days after the report is sent if no hearing is requested, enter his finding of competence or incompetence in the manner set forth in subsection 4 of NRS 178.460.”.
Amend the bill as a whole by renumbering sections 70 and 71 as sections 71 and 72 and adding a new section designated sec. 70, following sec. 69, to read as follows:
“Sec. 70. The Division of Mental Health and Developmental Services of the Department of Human Resources shall adopt regulations pursuant to section 23.5 of this act by not later than December 31, 2003, and shall begin administering examinations to determine eligibility for certification to provide reports and evaluations concerning the competency of a defendant pursuant to NRS 178.400 to 178.460, inclusive, by not later than March 1, 2004.”.
Amend sec. 71, page 63, by deleting lines 13 through 27 and inserting
“Sec. 72. 1. This section and sections 1 to 23, inclusive, 24, 26 to 61, inclusive, 64, 65 and 68 to 71, inclusive, of this act become effective on July 1, 2003.
2. Section 23.5 of this act becomes effective on July 1, 2003, for the purpose of adopting regulations and on July 1, 2004, for all other purposes.
3. Sections 62 and 66 of this act become effective on July 1, 2003, and expire by limitation on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.
4. Sections 24.5 and 25.5 of this act become effective on July 1, 2004.
5. Sections 63 and 67 of this act become effective on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.”.
Amend the title of the bill, third line, after “insanity;” by inserting:
“requiring persons who provide reports or evaluations to the court concerning the competency of a defendant to stand trial or receive pronouncement of judgment to be certified by the Division of Mental Health and Developmental Services of the Department of Human Resources; requiring the Division to adopt regulations concerning the certification of such persons;”.