Read the full stored bill text
- 83rd Session (2025)
Assembly Bill No. 30–Committee on Judiciary
CHAPTER..........
AN ACT relating to criminal procedure; authorizing the
Administrator of the Division of Public and Behavioral
Health of the Department of Health and Human Services to
request from a local detention facility access to any records in
its possession which contain information that may assist in
evaluating and treating a defendant who is committed to the
custody of or ordered to report to the Ad ministrator based
upon a finding of incompetence; requiring a local detention
facility to provide access to any such records for the limited
purpose of allowing the Administrator to evaluate and treat
the defendant; and providing other matters properly rel ating
thereto.
Legislative Counsel’s Digest:
Existing law authorizes the Administrator of the Division of Public and
Behavioral Health of the Department of Health and Human Services or the
Administrator’s designee to request from the Department of Correct ions access to
any records in its possession which contain information that may assist in
evaluating and treating a defendant who previously has served a term of
imprisonment under the supervision of the Department of Corrections and who is
committed to th e custody of or ordered to report to the Administrator or the
Administrator’s designee based upon a finding of incompetence. Existing law
requires the Department of Corrections, upon receiving such a request, to provide
access to any such records, includin g, without limitation, relevant medical and
mental health records, for the limited purpose of allowing the Administrator or the
Administrator’s designee to evaluate and treat the defendant. (NRS 178.453)
This bill similarly: (1) authorizes the Administrat or or the Administrator’s
designee to request from a local detention facility access to any records in its
possession which contain information that may assist in evaluating and treating a
defendant who has previously been detained or ordered to serve a te rm of
imprisonment in the local detention facility and who is committed to the custody of
or ordered to report to the Administrator or the Administrator’s designee based
upon a finding of incompetence; and (2) requires the local detention facility, upon
receiving such a request, to provide access to any such records, including, without
limitation, relevant medical and mental health records, for the limited purpose of
allowing the Administrator or the Administrator’s designee to evaluate and treat the
defendant.
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- 83rd Session (2025)
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 178.453 is hereby amended to read as follows:
178.453 1. The Administrator or the Administrator’s
designee may request from the Department of Corrections access to
any records in its possession which contain information that may
assist in evaluating and treating a defendant who previously has
served a term of imprisonment under the supervision of the
Department of Corrections and who is committed to the custody of
or ordered to report to the Administrator or the Administrator’s
designee pursuant to NRS 178.425, 178.460, 178.461 or 178.464.
2. Unless otherwise ordered by a court, upon request of the
Administrator or the Administrator’s designee for access to records
of a defendant pursuant to subsection 1, the Department of
Corrections, through the Medical Director, shall provide access to
any such records, including, without limitation, relevant medical and
mental health records, for the limited purpose of allowing the
Administrator or the Administrator’s designee to evaluate and treat
the defendant.
3. The Administrator or the Administrator’s designee may
request from a local detention facility acces s to any records in its
possession which contain information that may assist in
evaluating and treating a defendant who has previously been
detained or ordered to serve a term of imprisonment in the local
detention facility and who is committed to the cust ody of or
ordered to report to the Administrator or the Administrator’s
designee pursuant to NRS 178.425, 178.460, 178.461 or 178.464.
4. Unless otherwise ordered by a court, upon request of the
Administrator or the Administrator’s designee for access to
records of a defendant pursuant to subsection 3, a local detention
facility shall provide access to any such records, including,
without limitation, relevant medical and mental health records, for
the limited purpose of allowing the Administrator or the
Administrator’s designee to evaluate and treat the defendant.
5. No oral or written consent of the defendant is required for
the Administrator or the Administrator’s designee to obtain access
to records from the Department of Corrections or a local detention
facility pursuant to this section.
[4.] 6. As used in this section [,] :
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- 83rd Session (2025)
(a) “Local detention facility” means a county, city or town jail
or detention facility.
(b) “Medical Director” has the meaning ascribed to it in
NRS 209.077.
Sec. 2. This act becomes effective upon passage and approval.
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