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- 83rd Session (2025)
Assembly Bill No. 467–Assemblymembers Roth and Yeager
Joint Sponsor: Senator Nguyen
CHAPTER..........
AN ACT relating to mental health; authorizing the creation of a
facility for the treatment of incompetent defendants within
certain county jails or detention facilities; authorizing the
establishment of a program to provide certain services to an
incompetent defendant outside of a forensic facility ;
requiring a clinical review to dete rmine the appropriate
placement of an incompetent defendant; requiring the
Division of Child and Family Services of the Department of
Health and Human Services to immediately accept placement
of a child in a division facility when a juvenile court orders
such acceptance of the child; and providing other matters
properly relating thereto.
Legislative Counsel’s Digest:
Existing law prohibits a defendant from being tried or judgment pronounced for
a public offense while the defendant is incompetent. (NRS 178. 400) Existing law
also requires a court to suspend criminal proceedings against a defendant if doubt
arises as to the competence of the defendant until the question of competence is
determined. (NRS 178.405) After a court determines that a defendant is
incompetent, existing law requires a judge to order the defendant into the custody
of the Administrator of the Division of Public and Behavioral Health of the
Department of Health and Human Services or the Administrator’s designee for
treatment at a secure mental health facility of the Division. (NRS 178.425)
Under certain circumstances, section 3 of this bill authorizes the Administrator
to enter into a contract with an organization that provides mental health services to
the community to operate a facility for the treatment of defendants to competency
in a county jail or detention facility in a county whose population is 100,000 or
more (currently Clark and Washoe Counties). Section 3 additionally authorizes the
Administrator to establish a program to provide services for the treatment of
defendants to competency and the reintegration of such defendants into society at a
location other than a forensic facility. Sections 3 and 5 of this bill authorize a court
to commit an incompete nt defendant to such a facility or program under the same
circumstances where the court is authorized to commit an incompetent defendant to
a division facility after a clinical review. Section 9 of this bill requires a defendant
who has attained competence after being committed to a facility for the treatment of
defendants to competency established in a county jail or detention facility or
through a program to provide services for the treatment of defendants to
competency and the reintegration of such defendants into society at a location other
than a forensic facility to be discharged from the treatment facility within the jail or
detention facility or to have his or her services through the program terminated, as
applicable. Section 13 of this bill applies the provisions of section 3 to persons who
have been court -martialed for violations of the Nevada Code of Military Justice.
(NRS 412.196-412.584) Section 4 of this bill applies certain definitions to section
3. Section 7 of this bill re vises certain terminology to more accurately reflect the
required contents of certain periodic reports of the Administrator or the
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Administrator’s designee concerning an incompetent defendant. Section 9.5 of this
bill updates a reference in conformance with section 5.
Existing law authorizes a juvenile court that determines that a child in a case
before the court is incompetent to require a treatment facility of the Division of
Child and Family Services of the Department to accept and provide services to the
child. (NRS 62D.180, 62D.185) If the administrative officer of the facility or the
administrative officer’s designee has determined that the treatment available at
the facility is not appropriate or necessary for the child, existing law requires the
administrative o fficer or the administrative officer’s designee to assist the court
with identifying a facility that has the appropriate or necessary treatment. (NRS
433B.320) If a court orders a treatment facility to accept and provide services to a
child, section 20 of this bill requires the administrative officer of the facility or the
administrative officer’s designee to: (1) accept placement of the child in the
facility; and (2) if the facility is not best situated to treat the child, to ensure that
the child receive s treatment at the facility, within the capabilities of the facility,
while a more suitable facility is found.
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. Chapter 178 of NRS is hereby amended by adding
thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. (Deleted by amendment.)
Sec. 3. 1. The Administrator may enter into a contract with
an organization that provides mental health services to the
community to establish and operate a facility for the treatment of
defendants to competency within the county jail or detention
facility in a county whose population is 100,000 or more if:
(a) Money is available to support the facility for the treatment
of defendants;
(b) There is a qualified organization that is willing and able to
operate the facility for the treatment of defendants; and
(c) The sheriff who is responsible for the county jail or
detention facility consents to the establ ishment of the facility for
the treatment of defendants within the county jail or detention
facility.
2. Except as otherwise provided in subsection 2 of NRS
178.425, an organization that enters into a contract pursuant to
subsection 1 may serve as an Administrator’s designee for the
purpose of this section and NRS 178.3981 to 178.4715, inclusive .
The Administrator retains oversight over the facility for the
treatment of defendants to competency and services provided at
the facility.
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3. The Administra tor may establish a program to provide
services for the treatment of defendants to competency and the
reintegration of such defendants into society at a location other
than a forensic facility . The services provided through such a
program must be developed based on considerati ons of public
safety, the needs of the defendant and the resources available to
the defendant.
4. As used in this section, “forensic facility” has the meaning
ascribed to it in NRS 175.539.
Sec. 4. NRS 178.3981 is hereby amended to read as follows:
178.3981 As used in NRS 178.3981 to 178.4715, inclusive,
and section 3 of this act, unless the context otherwise requires, the
words and terms defined in NRS 178.3982 to 178.399, inclusive,
have the meanings ascribed to them in those sections.
Sec. 5. NRS 178.425 is hereby amended to read as follows:
178.425 1. If the court finds the defendant incompetent, and
dangerous to himself or herself or to society and that commitment is
required for a determination of the defendant’s ability to receive
treatment to competency and to attain competence, the judge shall
order the sheriff to convey the defendant forthwith, together with a
copy of the complaint, the commitment and the physicians’
certificate, if any, into the custody of the Admini strator or the
Administrator’s designee for detention and treatment at a division
facility that is secure [.] , a facility for the treatment of defendants
to competency established within a county jail or detention facility
pursuant to subsection 1 of section 3 of this act or another
location to receive services through a program established
pursuant to subsection 3 of section 3 of this act , as determined
after a clinical review conducted pursuant to subsection 2. The
order may include the involuntary administration of medication if
appropriate for treatment to competency.
2. After the court orders a defendant into the custody of the
Administrator or the Administrator’s designee pursuant to
subsection 1 , the Administrator or the Administrator’s desig nee
shall perform a clinical review of the defendant to determine
whether the defendant would most appropriately be placed in a
division facility that is secure, a facility for the treatment of
defendants to competency established within a county jail or
detention facility pursuant to subsection 1 of section 3 of this act
or another location to receive services through a program
established pursuant to subsection 3 of section 3 of this act. An
organization that enters into a contract with the Administrator
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pursuant to subsection 1 of section 3 of this act may not perform
such a review.
3. The defendant must be held in such custody until a court
orders the defendant’s release or until the defendant is returned for
trial or judgment as provided in NRS 178.450, 178.455 and
178.460.
[3.] 4. If the court finds the defendant incompetent but not
dangerous to himself or herself or to society, and finds that
commitment is not required for a determination of the defendant’s
ability to receive treatment to competency and to attain competence,
the judge shall order the defendant to report to the Administrator or
the Administrator’s designee as an outpatient for treatment, if it
might be beneficial, and for a determination of the defendant’s
ability to receive treatment to competency and to attain competence.
The court may require the defendant to give bail for any periodic
appearances before the Administrator or the Administrator’s
designee.
[4.] 5. Except as otherwise provided in subsection [5,] 6,
proceedings against the defendant must be suspended until the
Administrator or the Administrator’s designee or, if the defendant is
charged with a misdemeanor, the judge finds the defendant capable
of standing trial or opposing pronouncement of judgment as
provided in NRS 178.400.
[5.] 6. 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 subse ction 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 except upon application by the
prosecuting attorney to the chief judge of the district court, or his or
her designee, and with leave of the court where:
(a) The State has a good faith belief, based on articulable facts,
that the defendant has attained competency;
(b) The State has a compelling interest in bringing charges
again; and
(c) The period, equal to the maximum time allowed by law for
commencing a criminal action for the crime with which the
defendant was charged, has not lapsed since the date of the alleged
offense.
The prosecuting attorney must give notice of an application made
pursuant to this subsection to the attorney for the defendant not less
than 24 hours before the hearing on the application.
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[6.] 7. If a defendant is found incompetent pursuant to this
section, the court shall cause, within 5 business days after the
finding, on a form prescribed by the Department of Public Safety, a
record of that finding to be transmitted to the Central Repository for
Nevada Records of Criminal History, along with a statem ent
indicating that the record is being transmitted for inclusion in each
appropriate database of the National Instant Criminal Background
Check System.
[7.] 8. As used in this section, “National Instant Criminal
Background Check System” has the meaning ascribed to it in
NRS 179A.062.
Sec. 6. (Deleted by amendment.)
Sec. 7. NRS 178.450 is hereby amended to read as follows:
178.450 1. The Administrator or the Administrator’s
designee shall keep each defendant committed to custody under
NRS 178.425 or 178.460 under observation and shall have each
defendant who has been ordered to report to the Administrator as an
outpatient under those sections evaluated periodically.
2. The Administrator or the Administrator’s designee shall
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 or
her opinion, upon medical consultation, the defendant is of
sufficient mentali ty to be able to understand the nature of the
criminal charge against the defendant and, by reason thereof, is able
to aid and assist counsel in the defense interposed upon the trial or
against the pronouncement of the judgment thereafter. The
Administrator or the Administrator’s designee shall submit such a
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 paragra ph (b) of subsection 4 of NRS 178.460, and at
monthly intervals thereafter. In all other cases, the initial report must
be submitted within 6 months after the order and at 6 -month
intervals thereafter. If the opinion of the Administrator or the
Administrator’s designee is that the defendant is not of sufficient
mentality to understand the nature of the charge against the
defendant and assist in the defendant’s own defense, the
Administrator or the Administrator’s designee shall also include in
the report his or her opinion whether:
(a) There is a substantial probability that the defendant can
receive treatment to competency and will attain competency to stand
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trial or receive pronouncement of judgment in the foreseeable
future; and
(b) The defendant is at that time a danger to himself or herself or
to society.
3. The report must contain:
(a) The name of the defendant and the county or city to which
the defendant may be returned for further court action.
(b) The circumstances under which the defendant wa s
committed to the custody of the Administrator or the
Administrator’s designee and the duration of the defendant’s
[hospitalization,] treatment to competency or the circumstances
under which the defendant was ordered to report to the
Administrator or the Administrator’s designee as an outpatient.
Sec. 8. (Deleted by amendment.)
Sec. 9. 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 report by the Administrator or
the Administrator’s 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 treatment
team on their report.
2. If the judge orders the appointment of a licensed psychiatrist
or psychologist who is not employed by the Division 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 10 days after the report is
sent, if no hearing is requested, the judge shall make and enter a
finding of competence or incompetence, and if the judge finds the
defendant to be incompetent:
(a) Whether ther e is substantial probability that the defendant
can receive treatment to competency and 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
herself or to society.
4. If the judge finds the defendant:
(a) Competent, the judge shall, within 10 days, forward the
finding to the prosecuting attorney and counsel for the defendant.
Upon receipt thereof, the prosecuting attorney shall notify th e
sheriff of the county or chief of police of the city that the defendant
has been found competent and prearrange with the facility , if
applicable, for the return of the defendant to that county or city for
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trial upon the offense there charged or the pron ouncement of
judgment, as the case may be. If the defendant is receiving
treatment to competency through a facility located within the
county jail or detention facility pursuant to subsection 1 of NRS
178.425, the judge shall order the defendant discharged from the
facility for treatment to competency within the jail or detention
facility. A defendant so discharged may continue to reside in a
designated mental health unit of a jail or detention facility to
continue mental health treatment not related to treatment to
competency. If the defendant is receiving treatment through a
program established pursuant to subsection 3 of section 3 of this
act, the judge shall order the termination of such treatment.
(b) Incompetent, but there is a substantial probabil ity that the
defendant can receive treatment to competency and will attain
competency to stand trial or receive pronouncement of judgment in
the foreseeable future and finds that the defendant is dangerous to
himself or herself or to society, the judge sha ll recommit the
defendant and may order the involuntary administration of
medication for the purpose of treatment to competency.
(c) Incompetent, but there is a substantial probability that the
defendant can receive treatment to competency and will attain
competency to stand trial or receive pronouncement of judgment in
the foreseeable future and finds that the defendant is not dangerous
to himself or herself 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 any obligations as an outpatient if, within 10 judicial
days, the prosecuting attorney has not filed a motion pursuant to
NRS 178.461 or if, within 10 judicial days, a petition is not filed for
the involuntary court -ordered admission o f the person to a mental
health facility pursuant to NRS 433A.200. After the initial 10
judicial days, the person may remain an outpatient or in custody
under the provisions of this chapter only as long as the motion or
petition is pending unless the perso n is committed to the custody of
the Administrator pursuant to NRS 178.461 or involuntarily
admitted to a mental health facility pursuant to chapter 433A of
NRS.
5. Except as otherwise provided in subsections 4 and 7 of NRS
178.461, no person who is comm itted under the provisions of this
chapter may be held in the custody of the Administrator or the
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Administrator’s designee longer than the longest period of
incarceration provided for the crime or crimes with which the
person is charged or 10 years, whiche ver period is shorter. Upon
expiration of the applicable period provided in this section,
subsection 4 or 7 of NRS 178.461 or subsection 4 of NRS 178.463,
the person must be returned to the committing court for a
determination as to whether or not involunt ary commitment
pursuant to chapter 433A of NRS is required.
Sec. 9.5. NRS 178.461 is hereby amended to read as follows:
178.461 1. If the proceedings against a defendant who is
charged with any category A felony or a category B felony listed in
subsection 6 are dismissed pursuant to subsection [5] 6 of NRS
178.425, the prosecuting attorney may, within 10 judicial days after
the dismissal, file a motion with the court for a hearing to determine
whether to commit the person to the custody of the Administrator
pursuant to subsection 3.
2. If the prosecuting attorney files a motion pursuant to
subsection 1, the prosecuting attorney shall, not later than the date
on which the prosecuting attorney files the motion, request from the
Division a compre hensive risk assessment which indicates whether
the person requires the level of security provided by a forensic
facility. The Division shall, except as otherwise provided in this
subsection, complete the comprehensive risk assessment within 40
calendar da ys after receipt of the request and provide the
comprehensive risk assessment to the court, the prosecuting attorney
and counsel for the person. The court may grant the Division an
extension to complete the comprehensive risk assessment upon a
showing of g ood cause. Within 10 judicial days after receipt of the
comprehensive risk assessment, the court shall hold a hearing on the
motion. If the person was charged with any category A felony other
than murder or sexual assault or a category B felony listed in
subsection 6 and the comprehensive risk assessment indicates that
the person does not require the level of security provided by a
forensic facility, the court shall dismiss the motion.
3. At a hearing held pursuant to subsection 2, if the court finds
by c lear and convincing evidence that the person has a mental
disorder, that the person is a danger to himself or herself or others
and that the person’s dangerousness is such that the person requires
placement at a forensic facility, the court may order:
(a) The sheriff to take the person into protective custody and
transport the person to a forensic facility; and
(b) That the person be committed to the custody of the
Administrator and kept under observation until the person is eligible
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for conditional relea se pursuant to NRS 178.463 or until the
maximum length of commitment described in subsection 4 or 7 has
expired.
4. Except as otherwise provided in subsection 7, the length of
commitment of a person pursuant to subsection 3 must not exceed
10 years, including any time that the person has been on conditional
release pursuant to NRS 178.463.
5. At least once every 12 months, the court shall review the
eligibility of the defendant for conditional release.
6. The provisions of subsection 1 apply to any of the following
category B felonies:
(a) Voluntary manslaughter pursuant to NRS 200.050;
(b) Mayhem pursuant to NRS 200.280;
(c) Kidnapping in the second degree pursuant to NRS 200.330;
(d) Assault with a deadly weapon pursuant to NRS 200.471;
(e) Battery with a deadly weapon pursuant to NRS 200.481;
(f) Aggravated stalking pursuant to NRS 200.575;
(g) First degree arson pursuant to NRS 205.010;
(h) Residential burglary with a deadly weapon pursuant to
NRS 205.060;
(i) Invasion of the home with a d eadly weapon pursuant to
NRS 205.067;
(j) Any category B felony involving the use of a firearm; and
(k) Any attempt to commit a category A felony.
7. If a person is within 6 months of the maximum length of
commitment set forth in this subsection or su bsection 4, as
applicable, and:
(a) Was charged with murder or sexual assault; and
(b) Was committed to the custody of the Administrator pursuant
to this subsection or subsection 3,
the Administrator may file a motion to request an extension of
the length of commitment for not more than 5 additional years.
8. The court may grant a motion for an extension of the length
of commitment pursuant to subsection 7 if, at a hearing conducte d
on the motion, the court finds by clear and convincing evidence that
the person is a danger to himself or herself or others and that the
person’s dangerousness is such that the person requires placement at
a forensic facility.
9. At a hearing conducted pursuant to subsection 8, a person
who is committed has the right to be represented by counsel. If the
person does not have counsel, the court shall appoint an attorney to
represent the person.
Secs. 10-12. (Deleted by amendment.)
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Sec. 13. NRS 412.4485 is hereby amended to read as follows:
412.4485 1. Unless otherwise stated in this section, in the
case of a person determined pursuant to NRS 412.2645 to be
incompetent, the provisions of NRS 178.3981 to 178.4715,
inclusive, and section 3 of this act are applicable. References to the
court in NRS 178.3981 to 178.4715, inclusive, and section 3 of this
act, and to the judge of such court, shall be deemed to refer to the
convening authority having authority to convene a general court -
martial for that person. However, if the person is no longer subject
to this Code at a time relevant to the application to the person of the
relevant provisions of NRS 178.3981 to 178.4715, inclusive, and
section 3 of this act, the state trial court with felony jurisdiction in
the county where the person is committed or otherwise may be
found retains the powers specified in NRS 17 8.3981 to 178.4715,
inclusive, and section 3 of this act as if it were the court that
ordered the commitment of the person.
2. When the director of a facility in which a person is
hospitalized pursuant to the actions taken by the convening authority
having authority to convene a general court -martial for that person
determines that the person is able to understand the nature of the
proceedings against the person and to conduct or cooperate
intelligently in the defense of the case, the director shall promp tly
transmit a notification of that determination to the convening
authority having authority to convene a general court-martial for the
person, the person’s counsel and the authority having custody of the
person. The authority having custody of the person may retain
custody of the person for not more than 30 days after receiving
notification that the person has recovered to such an extent that the
person is able to understand the nature of the proceedings against
the person and to conduct or cooperate intelligently in the defense of
the case.
3. Upon receipt of a notification pursuant to subsection 2, the
convening authority having authority to convene a general court -
martial for the person shall promptly take custody of the person
unless the person to wh ich the notification applies is no longer
subject to this Code. If the person is no longer subject to this Code,
the state trial court with felony jurisdiction in the county where the
person is committed or otherwise may be found may take any action
within the authority of that court that the court considers appropriate
regarding the person.
Secs. 14-19. (Deleted by amendment.)
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Sec. 20. NRS 433B.320 is hereby amended to read as follows:
433B.320 1. In any case involving commitment by court
order, except a case where commitment was ordered by a juvenile
court pursuant to NRS 62D. 180 or 62D.185, admission to a
treatment facility may be only after consultation with and approval
by the administrative officer of the facility or the administrative
officer’s designee, who shall determine whether the treatment
available at the facility i s appropriate or necessary for the child’s
health and welfare.
2. In a case where commitment to a treatment facility was
ordered by a juvenile court pursuant to NRS 62D.180 or 62D.185,
[if] the administrative officer or the administrative officer’s
designee shall immediately accept placement of the child at the
treatment facility. If the administrative officer of the facility or the
administrative officer’s designee has determined that the treatment
available at the facility is not [appropriate or necessary for the
child’s health and welfare and for the protection of the community, ]
best situated to treat the child, the administrative officer or the
administrative officer’s designee shall [assist] :
(a) Assist the court with identifying a facility that [has the
appropriate or necessary] is better situated to provide the necessary
treatment [.] ; and
(b) Ensure that the child receives treatment at the treatment
facility, within the capabilities of the treatment facility, until a
more suitable facility is found.
3. Except in a case where commitment was ordered by a
juvenile court pursuant to NRS 62D.180 or 62D.185, a child
committed by court order must not be released from a treatment
facility until the administrative officer determines that treatm ent in
the facility is no longer beneficial to the child.
Sec. 21. (Deleted by amendment.)
Sec. 22. 1. This section and section 20 of this act become
effective upon passage and approval.
2. Sections 1 to 19, inclusive, and 21 of this act become
effective:
(a) Upon passage and approval for the purpose of adopting any
regulations and performing any other preparatory administrative
tasks that are necessary to carry out the provisions of this act; and
(b) On January 1, 2026, for all other purposes.
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