Senate Bill No. 179–Committee on Human
Resources and Facilities

 

(On Behalf of the Department of Human Resources, Mental Health and Developmental Services Division)

 

February 20, 2003

____________

 

Referred to Committee on Human Resources and Facilities

 

SUMMARY—Makes various changes related to mental health. (BDR 39‑480)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to mental health; revising the definition of “mental illness” for certain purposes; clarifying the period that a person may be detained in a public or private mental health facility or hospital under an emergency admission for evaluation, observation and treatment; revising the provisions governing the medical examination of an allegedly mentally ill person that is required before he may be transported to a public or private mental health facility under an emergency admission for evaluation, observation and treatment; authorizing a court to establish a program for the treatment of mental retardation to which it may assign a defendant in a criminal action; authorizing a court, in determining the competency of a defendant in a criminal action, to consider evidence related to treatment to competency; authorizing a court to order the involuntary administration of medication to a defendant in a criminal action under certain circumstances; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

2-1  Section 1. Chapter 433 of NRS is hereby amended by adding

2-2  thereto a new section to read as follows:

2-3  “Treatment to competency” means treatment provided to a

2-4  person who is a defendant in a criminal action or proceeding to

2-5  attempt to cause him to attain competency to stand trial or receive

2-6  pronouncement of judgment.

2-7  Sec. 2.  NRS 433.005 is hereby amended to read as follows:

2-8  433.005  As used in this title, unless the context otherwise

2-9  requires, or except as otherwise defined by specific statute, the

2-10  words and terms defined in NRS 433.014 to 433.224, inclusive, and

2-11  section 1 of this act have the meanings ascribed to them in those

2-12  sections.

2-13      Sec. 3.  NRS 433.044 is hereby amended to read as follows:

2-14      433.044  “Client” means any person who seeks, on his own or

2-15  another’s initiative, and can benefit from , care, treatment and

2-16  training provided by the Division[.] , or from treatment to

2-17  competency provided by the Division.

2-18      Sec. 4.  NRS 433.164 is hereby amended to read as follows:

2-19      433.164  “Mental illness” means [any mental disfunction

2-20  leading to impaired ability to maintain oneself and function

2-21  effectively in one’s life situation without external support.] a

2-22  clinically significant disorder of thought, mood, perception,

2-23  orientation, memory or behavior which:

2-24      1.  Is listed in the most recent edition of the clinical manual of

2-25  the International Classification of Diseases, ICD-9-CM, code

2-26  range 295 to 302.9, inclusive, 306 to 309.9, inclusive, or 311 to

2-27  316, inclusive, or the corresponding code in the most recent

2-28  edition of the American Psychiatric Association’s Diagnostic and

2-29  Statistical Manual of Mental Disorders, DSM-IV, Axis I; and

2-30      2.  Seriously limits the capacity of a person to function in the

2-31  primary aspects of daily living, including, without limitation,

2-32  personal relations, living arrangements, employment and

2-33  recreation.

2-34      Sec. 5.  NRS 433.431 is hereby amended to read as follows:

2-35      433.431  As used in this section and NRS 433.434, 433.444 and

2-36  433.454, unless the context otherwise requires:

2-37      1.  “Client” means any person who seeks, on his own or

2-38  another’s initiative, and can benefit from , care, treatment ,

2-39  treatment to competency or training in a division facility.

2-40      2.  “Division facility” means any unit or subunit operated by:

2-41      (a) The Division of Mental Health and Developmental Services

2-42  of the Department for the care, treatment and training of clients; or

2-43      (b) The Division of Child and Family Services of the

2-44  Department pursuant to NRS 433B.010 to 433B.350, inclusive.

 

3-1  Sec. 6.  NRS 433.554 is hereby amended to read as follows:

3-2  433.554  1.  An employee of a public or private mental health

3-3  facility or any other person, except a client, who:

3-4  (a) Has reason to believe that a client of the Division or of a

3-5  private facility offering mental health services has been or is being

3-6  abused or neglected and fails to report it;

3-7  (b) Brings intoxicating beverages or a controlled substance into

3-8  any division facility occupied by clients unless specifically

3-9  authorized to do so by the administrative officer or a staff physician

3-10  of the facility;

3-11      (c) Is under the influence of liquor or a controlled substance

3-12  while employed in contact with clients, unless in accordance with a

3-13  lawfully issued prescription;

3-14      (d) Enters into any transaction with a client involving the

3-15  transfer of money or property for personal use or gain at the expense

3-16  of the client; or

3-17      (e) Contrives the escape, elopement or absence of a

3-18  client,

3-19  is guilty of a misdemeanor, in addition to any other penalties

3-20  provided by law.

3-21      2.  In addition to any other penalties provided by law, an

3-22  employee of a public or private mental health facility or any other

3-23  person, except a client, who willfully abuses or neglects a client:

3-24      (a) For a first violation that does not result in substantial bodily

3-25  harm to the client, is guilty of a gross misdemeanor.

3-26      (b) For a first violation that results in substantial bodily harm to

3-27  the client, is guilty of a category B felony.

3-28      (c) For a second or subsequent violation, is guilty of a category

3-29  B felony.

3-30  A person convicted of a category B felony pursuant to this section

3-31  shall be punished by imprisonment in the state prison for a

3-32  minimum term of not less than 1 year and a maximum term of not

3-33  more than 6 years, or by a fine of not more than $5,000, or by both

3-34  fine and imprisonment.

3-35      3.  A person who is convicted pursuant to this section is

3-36  ineligible for 5 years for appointment to or employment in a position

3-37  in the state service and, if he is an officer or employee of the State,

3-38  he forfeits his office or position.

3-39      4.  A conviction pursuant to this section is, when applicable,

3-40  grounds for disciplinary action against the person so convicted and

3-41  the facility where the violation occurred. The Division may

3-42  recommend to the appropriate agency or board the suspension or

3-43  revocation of the professional license, registration, certificate or

3-44  permit of a person convicted pursuant to this section.

3-45      5.  For the purposes of this section:

4-1  (a) “Abuse” means any willful and unjustified infliction of pain,

4-2  injury or mental anguish upon a client, including, but not limited to:

4-3       (1) The rape, sexual assault or sexual exploitation of the

4-4  client;

4-5       (2) The use of any type of aversive intervention;

4-6       (3) Except as otherwise provided in NRS 433.5486, a

4-7  violation of NRS 433.549; and

4-8       (4) The use of physical, chemical or mechanical restraints or

4-9  the use of seclusion in violation of federal law.

4-10  Any act which meets the standard of practice for care and treatment

4-11  does not constitute abuse.

4-12      (b) “Client” includes any person who seeks, on his own or

4-13  others’ initiative, and can benefit from , care, treatment and training

4-14  in a public or private institution or facility offering mental health

4-15  services[.] , or from treatment to competency in a public or private

4-16  institution or facility offering mental health services. The term

4-17  includes a client of the Division of Child and Family Services of the

4-18  Department.

4-19      (c) “Neglect” means any omission to act which causes injury to

4-20  a client or which places the client at risk of injury, including, but not

4-21  limited to, the failure to follow:

4-22          (1) An appropriate plan of treatment to which the client has

4-23  consented; and

4-24          (2) The policies of the facility for the care and treatment of

4-25  clients.

4-26  Any omission to act which meets the standard of practice for care

4-27  and treatment does not constitute neglect.

4-28      (d) “Standard of practice” means the skill and care ordinarily

4-29  exercised by prudent professional personnel engaged in health care.

4-30      Sec. 7.  NRS 433.459 is hereby amended to read as follows:

4-31      433.459  “Client” means any person who seeks, on his own or

4-32  others’ initiative, and can benefit from , care, treatment and training

4-33  in any facility[.] , or from treatment to competency in any facility.

4-34      Sec. 8.  NRS 433.538 is hereby amended to read as follows:

4-35      433.538  As used in NRS 433.538 to 433.543, inclusive, unless

4-36  the context otherwise requires:

4-37      1.  “Administrative officer” means a person with overall

4-38  executive and administrative responsibility for a division facility.

4-39      2.  “Client” means any person who seeks, on his own or

4-40  another’s initiative, and can benefit from , care, treatment ,

4-41  treatment to competency or training in a division facility.

4-42      3.  “Division facility” means any unit or subunit operated by:

4-43      (a) The Division of Mental Health and Developmental Services

4-44  of the Department for the care, treatment and training of clients; or

5-1  (b) The Division of Child and Family Services of the

5-2  Department pursuant to NRS 433B.010 to 433B.350, inclusive.

5-3  Sec. 9.  NRS 433A.014 is hereby amended to read as follows:

5-4  433A.014  “Client” means any person who seeks, on his own or

5-5  another’s initiative, and can benefit from , care, treatment ,

5-6  treatment to competency or training provided by the Division.

5-7  Sec. 10.  NRS 433A.150 is hereby amended to read as follows:

5-8  433A.150  1.  Any person alleged to be a mentally ill person

5-9  may, upon application pursuant to NRS 433A.160 and subject to the

5-10  provisions of subsection 2, be detained in a public or private mental

5-11  health facility or hospital under an emergency admission for

5-12  evaluation, observation and treatment.

5-13      2.  Except as otherwise provided in subsection 3, a person

5-14  admitted to a mental health facility or hospital under subsection 1

5-15  must be released within 72 hours, including weekends and holidays,

5-16  from the time of his admission to that facility or hospital unless

5-17  within that period a written petition for an involuntary court‑ordered

5-18  admission is filed with the clerk of the district court pursuant to

5-19  NRS 433A.200, including, without limitation, the documents

5-20  required pursuant to NRS 433A. 210, or the status of the person is

5-21  changed to a voluntary admission.

5-22      3.  If the period specified in subsection 2 expires on a day on

5-23  which the office of the clerk of the district court is not open, the

5-24  written petition must be filed on or before the close of the business

5-25  day next following the expiration of that period.

5-26      Sec. 11.  NRS 433A.165 is hereby amended to read as follows:

5-27      433A.165  1.  Before an allegedly mentally ill person may be

5-28  transported to a public or private mental health facility pursuant to

5-29  NRS 433A.160, [he] the person must:

5-30      (a) First be examined [by a licensed Physician or Physician

5-31  Assistant or an Advanced Practitioner of Nursing] to determine

5-32  whether the person has a medical problem, other than a psychiatric

5-33  problem, which requires immediate treatment; and

5-34      (b) If such treatment is required, be admitted to a hospital for the

5-35  appropriate medical care.

5-36      2.  The examination and any transfer of the person from a

5-37  facility when the person has an emergency medical condition and

5-38  has not been stabilized must be conducted in compliance with:

5-39      (a) The requirements of 42 U.S.C. § 1395dd and any

5-40  regulations adopted pursuant thereto, and must involve a person

5-41  authorized pursuant to federal law to conduct such an

5-42  examination or certify such a transfer; and

5-43      (b) The provisions of NRS 439B.410.

5-44      3.  The cost of the examination must be paid by the county in

5-45  which the allegedly mentally ill person resides if services are

6-1  provided at a county hospital located in that county or a hospital

6-2  designated by that county, unless the cost is voluntarily paid by the

6-3  allegedly mentally ill person or on his behalf, by his insurer or by a

6-4  state or federal program of medical assistance.

6-5  [3.] 4. The county may recover all or any part of the expenses

6-6  paid by it, in a civil action against:

6-7  (a) The person whose expenses were paid;

6-8  (b) The estate of that person; or

6-9  (c) A responsible relative as prescribed in NRS 433A.610, to the

6-10  extent that financial ability is found to exist.

6-11      [4.] 5. The cost of treatment, including hospitalization, for an

6-12  indigent must be paid pursuant to NRS 428.010 by the county in

6-13  which the allegedly mentally ill person resides.

6-14      Sec. 12.  NRS 433A.360 is hereby amended to read as follows:

6-15      433A.360  1.  A clinical record for each client must be

6-16  diligently maintained by any division facility or private institution

6-17  or facility offering mental health services. The record must include

6-18  information pertaining to the client’s admission, legal status,

6-19  treatment and individualized plan for habilitation. The clinical

6-20  record is not a public record and no part of it may be released,

6-21  except:

6-22      (a) The record must be released to physicians, attorneys and

6-23  social agencies as specifically authorized in writing by the client, his

6-24  parent, guardian or attorney.

6-25      (b) The record must be released to persons authorized by the

6-26  order of a court of competent jurisdiction.

6-27      (c) The record or any part thereof may be disclosed to a

6-28  qualified member of the staff of a division facility, an employee of

6-29  the Division or a member of the staff of an agency in Nevada which

6-30  has been established pursuant to the Developmental Disabilities

6-31  Assistance and Bill of Rights Act (42 U.S.C. §§ 6041 et seq.) or the

6-32  Protection and Advocacy for Mentally Ill Individuals Act of 1986

6-33  (42 U.S.C. §§ 10801 et seq.) when the Administrator deems it

6-34  necessary for the proper care of the client.

6-35      (d) Information from the clinical records may be used for

6-36  statistical and evaluative purposes if the information is abstracted in

6-37  such a way as to protect the identity of individual clients.

6-38      (e) To the extent necessary for a client to make a claim, or for a

6-39  claim to be made on behalf of a client for aid, insurance or medical

6-40  assistance to which he may be entitled, information from the records

6-41  may be released with the written authorization of the client or his

6-42  guardian.

6-43      (f) The record must be released without charge to any member

6-44  of the staff of an agency in Nevada which has been established

7-1  pursuant to 42 U.S.C. §§ 6041 et seq. or 42 U.S.C. §§ 10801 et seq.

7-2  if:

7-3       (1) The client is a client of that office and he or his legal

7-4  representative or guardian authorizes the release of the record; or

7-5       (2) A complaint regarding a client was received by the office

7-6  or there is probable cause to believe that the client has been abused

7-7  or neglected and the client:

7-8           (I) Is unable to authorize the release of the record because

7-9  of his mental or physical condition; and

7-10             (II) Does not have a guardian or other legal representative

7-11  or is a ward of the state.

7-12      (g) The record must be released as provided in NRS 433.332 or

7-13  433B.200 and in chapter 629 of NRS.

7-14      2.  As used in this section, “client” includes any person who

7-15  seeks, on his own or others’ initiative, and can benefit from , care,

7-16  treatment and training in a private institution or facility offering

7-17  mental health services[.] , or from treatment to competency in a

7-18  private institution or facility offering mental health services.

7-19      Sec. 13.  Chapter 176A of NRS is hereby amended by adding

7-20  thereto a new section to read as follows:

7-21      “Mental retardation” has the meaning ascribed to it in

7-22  NRS 433.174.

7-23      Sec. 14.  NRS 176A.010 is hereby amended to read as follows:

7-24      176A.010  As used in this chapter, unless the context otherwise

7-25  requires, the words and terms defined in NRS 176A.020 to

7-26  176A.080, inclusive, and section 13 of this act have the meanings

7-27  ascribed to them in those sections.

7-28      Sec. 15.  NRS 176A.045 is hereby amended to read as follows:

7-29      176A.045  “Mental illness” [means an organic disorder of the

7-30  brain or a clinically significant disorder of thought, mood,

7-31  perception, orientation, memory or behavior which is listed in the

7-32  most recent edition of the clinical manual of the International

7-33  Classification of Diseases, ICD-9-CM, code range 290 to 302.99,

7-34  inclusive, or 306 to 316, inclusive, or the corresponding code in the

7-35  most recent edition of the American Psychiatric Association’s

7-36  Diagnostic and Statistical Manual of Mental Disorders, DSM-MD,

7-37  Axes I, II or III, and which seriously limits the capacity of a person

7-38  to function in the primary aspects of daily living, including, without

7-39  limitation, personal relations, living arrangements, employment and

7-40  recreation.] has the meaning ascribed to it in NRS 433.164.

7-41      Sec. 16.  NRS 176A.250 is hereby amended to read as follows:

7-42      176A.250  A court may establish an appropriate program for

7-43  the treatment of mental illness or mental retardation to which it

7-44  may assign a defendant pursuant to NRS 176A.260. The assignment

7-45  must include the terms and conditions for successful completion of

8-1  the program and provide for progress reports at intervals set by the

8-2  court to ensure that the defendant is making satisfactory progress

8-3  towards completion of the program.

8-4  Sec. 17.  NRS 176A.255 is hereby amended to read as follows:

8-5  176A.255  1.  A justice’s court or a municipal court may, upon

8-6  approval of the district court, transfer original jurisdiction to the

8-7  district court of a case involving an eligible defendant.

8-8  2.  As used in this section, “eligible defendant” means a person

8-9  who:

8-10      (a) Has not tendered a plea of guilty, guilty but mentally ill or

8-11  nolo contendere to, or been found guilty of, an offense that is a

8-12  misdemeanor;

8-13      (b) Appears to suffer from mental illness[;] or to be mentally

8-14  retarded; and

8-15      (c) Would benefit from assignment to a program established

8-16  pursuant to NRS 176A.250.

8-17      Sec. 18.  NRS 176A.260 is hereby amended to read as follows:

8-18      176A.260  1.  Except as otherwise provided in subsection 2, if

8-19  a defendant who suffers from mental illness or is mentally retarded

8-20  tenders a plea of guilty, guilty but mentally ill or nolo contendere to,

8-21  or is found guilty of, any offense for which the suspension of

8-22  sentence or the granting of probation is not prohibited by statute,

8-23  the court may, without entering a judgment of conviction and with

8-24  the consent of the defendant, suspend further proceedings and place

8-25  the defendant on probation upon terms and conditions that must

8-26  include attendance and successful completion of a program

8-27  established pursuant to NRS 176A.250.

8-28      2.  If the offense committed by the defendant involved the use

8-29  or threatened use of force or violence or if the defendant was

8-30  previously convicted in this state or in any other jurisdiction of a

8-31  felony that involved the use or threatened use of force or violence,

8-32  the court may not assign the defendant to the program unless the

8-33  prosecuting attorney stipulates to the assignment.

8-34      3.  Upon violation of a term or condition:

8-35      (a) The court may enter a judgment of conviction and proceed as

8-36  provided in the section pursuant to which the defendant was

8-37  charged.

8-38      (b) Notwithstanding the provisions of paragraph (e) of

8-39  subsection 2 of NRS 193.130, the court may order the defendant to

8-40  the custody of the Department of Corrections if the offense is

8-41  punishable by imprisonment in the state prison.

8-42      4.  Upon fulfillment of the terms and conditions, the court shall

8-43  discharge the defendant and dismiss the proceedings against him.

8-44  Discharge and dismissal pursuant to this section is without

8-45  adjudication of guilt and is not a conviction for purposes of this

9-1  section or for purposes of employment, civil rights or any statute or

9-2  regulation or license or questionnaire or for any other public or

9-3  private purpose, but is a conviction for the purpose of additional

9-4  penalties imposed for second or subsequent convictions or the

9-5  setting of bail. Discharge and dismissal restores the defendant, in the

9-6  contemplation of the law, to the status occupied before the arrest,

9-7  indictment or information. The defendant may not be held thereafter

9-8  under any law to be guilty of perjury or otherwise giving a false

9-9  statement by reason of failure to recite or acknowledge that arrest,

9-10  indictment, information or trial in response to an inquiry made of

9-11  him for any purpose.

9-12      Sec. 19.  Chapter 178 of NRS is hereby amended by adding

9-13  thereto a new section to read as follows:

9-14      As used in NRS 178.400 to 178.460, inclusive, unless the

9-15  context otherwise requires, “treatment to competency” means

9-16  treatment provided to a defendant to attempt to cause him to attain

9-17  competency to stand trial or receive pronouncement of judgment.

9-18      Sec. 20.  NRS 178.415 is hereby amended to read as follows:

9-19      178.415  1.  Except as otherwise provided in this subsection,

9-20  the court shall appoint two psychiatrists, two psychologists, or one

9-21  psychiatrist and one psychologist, to examine the defendant. If the

9-22  defendant is accused of a misdemeanor, the court of jurisdiction

9-23  shall appoint a psychiatric social worker, or other person who is

9-24  especially qualified by the Division of Mental Health and

9-25  Developmental Services of the Department of Human Resources, to

9-26  examine the defendant.

9-27      2.  At a hearing in open court, the judge shall receive the report

9-28  of the examination and shall permit counsel for both sides to

9-29  examine the person or persons appointed to examine the defendant.

9-30  The prosecuting attorney and the defendant may [introduce] :

9-31      (a) Introduce other evidence including, without limitation,

9-32  evidence related to treatment to competency and the possibility of

9-33  ordering the involuntary administration of medication; and

9-34  [cross-examine]

9-35      (b) Cross-examine one another’s witnesses.

9-36      3.  The court shall then make and enter its finding of

9-37  competence or incompetence.

9-38      Sec. 21.  NRS 178.425 is hereby amended to read as follows:

9-39      178.425  1.  If the court finds the defendant incompetent, and

9-40  that he is dangerous to himself or to society or that commitment is

9-41  required for a determination of his ability to receive treatment to

9-42  competency and to attain competence, the judge shall order the

9-43  sheriff to convey [him] the defendant forthwith, together with a

9-44  copy of the complaint, the commitment and the physicians’

9-45  certificate, if any, into the custody of the Administrator of the

10-1  Division of Mental Health and Developmental Services of the

10-2  Department of Human Resources or his designee for detention and

10-3  treatment at a secure facility operated by that Division. The order

10-4  may include the involuntary administration of medication if

10-5  appropriate for treatment to competency.

10-6      2.  The defendant must be held in such custody until a court

10-7  orders his release or until he is returned for trial or judgment as

10-8  provided in NRS 178.450 [to 178.460, inclusive.] , 178.455 and

10-9  178.460.

10-10     3.  If the court finds the defendant incompetent but not

10-11  dangerous to himself or to society, and finds that commitment is not

10-12  required for a determination of the defendant’s ability to receive

10-13  treatment to competency and to attain competence, the judge shall

10-14  order the defendant to report to the Administrator or his designee as

10-15  an outpatient for treatment, if it might be beneficial, and for a

10-16  determination of his ability to receive treatment to competency and

10-17  to attain competence. The court may require the defendant to give

10-18  bail for his periodic appearances before the Administrator or his

10-19  designee.

10-20     4.  Except as otherwise provided in subsection 5, proceedings

10-21  against the defendant must be suspended until the Administrator or

10-22  his designee or, if the defendant is charged with a misdemeanor, the

10-23  judge finds him capable of standing trial or opposing

10-24  pronouncement of judgment as provided in NRS 178.400.

10-25     5.  Whenever the defendant has been found incompetent, with

10-26  no substantial probability of attaining competency in the foreseeable

10-27  future, and released from custody or from obligations as an

10-28  outpatient pursuant to paragraph (d) of subsection 4 of NRS

10-29  178.460, the proceedings against the defendant which were

10-30  suspended must be dismissed. No new charge arising out of the

10-31  same circumstances may be brought after a period, equal to the

10-32  maximum time allowed by law for commencing a criminal action

10-33  for the crime with which the defendant was charged, has lapsed

10-34  since the date of the alleged offense.

10-35     Sec. 22.  NRS 178.450 is hereby amended to read as follows:

10-36     178.450  1.  The Administrator of the Division of Mental

10-37  Health and Developmental Services of the Department of Human

10-38  Resources or his designee shall keep each defendant committed to

10-39  his custody under NRS 178.425 or 178.460 under observation and

10-40  shall have each defendant who has been ordered to report to him as

10-41  an outpatient under those sections evaluated periodically.

10-42     2.  The Administrator or his designee shall report in writing to a

10-43  judge of the court which committed the person and the prosecuting

10-44  attorney of the county or city to which the person may be returned

10-45  for further court action whether, in his opinion, upon medical

11-1  consultation, the defendant is of sufficient mentality to be able to

11-2  understand the nature of the criminal charge against him and, by

11-3  reason thereof, is able to aid and assist his counsel in the defense

11-4  interposed upon the trial or against the pronouncement of the

11-5  judgment thereafter. The Administrator or his designee shall submit

11-6  such a report, in the case of a person charged or convicted of a

11-7  misdemeanor, within 3 months after the order for commitment or

11-8  treatment and evaluation as an outpatient or for recommitment

11-9  pursuant to paragraph (b) of subsection 4 of NRS 178.460, and at

11-10  monthly intervals thereafter. In all other cases, the initial report must

11-11  be submitted within 6 months after the order and at 6-month

11-12  intervals thereafter. If the opinion of the Administrator or his

11-13  designee about the defendant is that he is not of sufficient mentality

11-14  to understand the nature of the charge against him and assist in his

11-15  own defense, the Administrator or his designee shall also include in

11-16  the report his opinion whether:

11-17     (a) There is a substantial probability that the defendant can

11-18  receive treatment to competency and will attain competency to

11-19  stand trial or receive pronouncement of judgment in the foreseeable

11-20  future; and

11-21     (b) The defendant is at that time a danger to himself or to

11-22  society.

11-23     3.  The report must contain:

11-24     (a) The name of the defendant and the county or city to which he

11-25  may be returned for further court action.

11-26     (b) The circumstances under which he was committed to the

11-27  custody of the Administrator or his designee and the duration of his

11-28  hospitalization, or the circumstances under which he was ordered to

11-29  report to the Administrator or his designee as an outpatient.

11-30     Sec. 23.  NRS 178.455 is hereby amended to read as follows:

11-31     178.455  1.  Except as otherwise provided for persons charged

11-32  with or convicted of a misdemeanor, the Administrator of the

11-33  Division of Mental Health and Developmental Services of the

11-34  Department of Human Resources or his designee shall appoint a

11-35  licensed psychiatrist and a licensed psychologist from the treatment

11-36  team to evaluate the defendant. The Administrator or his designee

11-37  shall also appoint a third evaluator who must be a licensed

11-38  psychiatrist or psychologist and not a member of the treatment team.

11-39  Upon the completion of the evaluation and treatment of the

11-40  defendant, the Administrator or his designee shall report to the court

11-41  in writing his specific findings and opinion upon:

11-42     (a) Whether the person is of sufficient mentality to understand

11-43  the nature of the offense charged;

12-1      (b) Whether the person is of sufficient mentality to aid and assist

12-2  counsel in the defense of the offense charged, or to show cause why

12-3  judgment should not be pronounced; and

12-4      (c) If the person is not of sufficient mentality pursuant to

12-5  paragraphs (a) and (b) to be placed upon trial or receive

12-6  pronouncement of judgment, whether there is a substantial

12-7  probability that he can receive treatment to competency and will

12-8  attain competency in the foreseeable future.

12-9      2.  A copy of the report must be:

12-10     (a) Maintained by the Administrator of the Division of Mental

12-11  Health and Developmental Services or his designee and

12-12  incorporated in the medical record of the person; and

12-13     (b) Sent to the office of the district attorney and to the counsel

12-14  for the outpatient or person committed.

12-15     3.  In the case of a person charged with or convicted of a

12-16  misdemeanor, the judge shall, upon receipt of the report set forth in

12-17  NRS 178.450 from the Administrator of the Division of Mental

12-18  Health and Developmental Services or his designee:

12-19     (a) Send a copy of the report by the Administrator or his

12-20  designee to the prosecuting attorney and to the defendant’s counsel;

12-21     (b) Hold a hearing, if one is requested within 10 days after the

12-22  report is sent pursuant to paragraph (a), at which the attorneys may

12-23  examine the Administrator or his designee or the members of the

12-24  defendant’s treatment team on the determination of the report; and

12-25     (c) Within 10 days after the hearing, if any, or 20 days after the

12-26  report is sent if no hearing is requested, enter his finding of

12-27  competence or incompetence in the manner set forth in subsection 4

12-28  of NRS 178.460.

12-29     Sec. 24.  NRS 178.460 is hereby amended to read as follows:

12-30     178.460  1.  If requested by the district attorney or counsel for

12-31  the defendant within 10 days after the report by the Administrator or

12-32  his designee is sent to them, the judge shall hold a hearing within 10

12-33  days after the request at which the district attorney and the defense

12-34  counsel may examine the members of the treatment team on their

12-35  report.

12-36     2.  If the judge orders the appointment of a licensed psychiatrist

12-37  or psychologist who is not employed by the Division of Mental

12-38  Health and Developmental Services of the Department of Human

12-39  Resources to perform an additional evaluation and report concerning

12-40  the defendant, the cost of the additional evaluation and report is a

12-41  charge against the county.

12-42     3.  Within 10 days after the hearing or 20 days after the report is

12-43  sent, if no hearing is requested, the judge shall make and enter his

12-44  finding of competence or incompetence, and if he finds the

12-45  defendant to be incompetent:

13-1      (a) Whether there is substantial probability that the defendant

13-2  can receive treatment to competency and will attain competency to

13-3  stand trial or receive pronouncement of judgment in the foreseeable

13-4  future; and

13-5      (b) Whether the defendant is at that time a danger to himself or

13-6  to society.

13-7      4.  If the judge finds the defendant:

13-8      (a) Competent, the judge shall, within 10 days, forward his

13-9  finding to the prosecuting attorney and counsel for the defendant.

13-10  Upon receipt thereof, the prosecuting attorney shall notify the

13-11  sheriff of the county or chief of police of the city that the defendant

13-12  has been found competent and prearrange with the facility for the

13-13  return of the defendant to that county or city for trial upon the

13-14  offense there charged or the pronouncement of judgment, as the case

13-15  may be.

13-16     (b) Incompetent, but there is a substantial probability that he can

13-17  receive treatment to competency and will attain competency to

13-18  stand trial or receive pronouncement of judgment in the foreseeable

13-19  future and finds that he is dangerous to himself or to society, the

13-20  judge shall recommit the defendant[.] and may order the

13-21  involuntary administration of medication for the purpose of

13-22  treatment to competency.

13-23     (c) Incompetent, but there is a substantial probability that he can

13-24  receive treatment to competency and will attain competency to

13-25  stand trial or receive pronouncement of judgment in the foreseeable

13-26  future and finds that he is not dangerous to himself or to society, the

13-27  judge shall order that the defendant remain an outpatient or be

13-28  transferred to the status of an outpatient under the provisions of

13-29  NRS 178.425.

13-30     (d) Incompetent, with no substantial probability of attaining

13-31  competency in the foreseeable future, the judge shall order the

13-32  defendant released from custody or if the defendant is an outpatient,

13-33  released from his obligations as an outpatient if, within 10 days, a

13-34  petition is not filed to commit the person pursuant to NRS

13-35  433A.200. After the initial 10 days, the defendant may remain an

13-36  outpatient or in custody under the provisions of this chapter only as

13-37  long as the petition is pending unless the defendant is involuntarily

13-38  committed pursuant to chapter 433A of NRS.

13-39     5.  No person who is committed under the provisions of this

13-40  chapter may be held in the custody of the Administrator of

13-41  the Division of Mental Health and Developmental Services of the

13-42  Department of Human Resources or his designee longer than the

13-43  longest period of incarceration provided for the crime or crimes with

13-44  which he is charged. Upon expiration of the period, the defendant

13-45  must be returned to the committing court for a determination as to

14-1  whether or not involuntary commitment pursuant to chapter 433A of

14-2  NRS is required.

14-3      Sec. 25.  This act becomes effective upon passage and

14-4  approval.

 

14-5  H